Who we are and what we do
Welcome to MillGens MarketPlace. We are MillGens Limited, a company registered in England under number 12248511 with our registered office address at 47 Marylebone Lane, London, W1U 2NT.
These are our terms and conditions for which govern your use of the MillGens MarketPlace e-commerce website (MarketPlace). However you access MarketPlace, you agree to be bound by these Terms. You must be over 18 years of age to use MarketPlace. Please make sure that you understand these Terms before using MarketPlace. If you do not accept these Terms, you will not be able to use MarketPlace and you should leave immediately. If you continue to use MarketPlace or if you complete a transaction on MarketPlace, we will take this as your acceptance of these Terms.
We may change these Terms from time to time at our sole discretion and without your consent. Please check these Terms regularly as any changes are effective immediately upon posting to MarketPlace. Please ensure that you review these terms and conditions regularly. If you no longer accept these Terms, or any future modification to these Terms, you must cease using MarketPlace.
We provide services to you via MarketPlace which allow you to purchase products and/or services from our trusted third party brand retailers (Partners) including payment processing and in some cases we provide ancillary services to support those purchases, such as customer service assistance.
When you complete a transaction on MarketPlace, you are purchasing from the Partner named on MarketPlace. It is important that you understand that the contract for the transaction is between you and the relevant Partner. We are acting as agent on behalf of the Partners, who are the principals. You are not purchasing the products from us. We are authorised by the relevant Partners to conclude the contract on their behalf, but we are not a party to that contract and you are not purchasing the product and/or service from us. This means that it is the Partner (and not us) who is legally responsible to you for selling the product and/or service. Further details about the products, our Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 3, 4 and 7 below.
You can find the meaning of defined terms at the end of these Terms.
You may access certain areas of MarketPlace that require registration only by becoming a registered MillGens Member and creating an account with us. A fee is payable for applying to become a registered member, for membership and to receive the associated services. There are separate terms and conditions applicable to your Membership.
Invited MillGens Members must be signed in to view the offer on MarketPlace. As this is an exclusive event just for you, details must not be shared or advertised in any way, including, but not limited to, on any website, blog, social media account, messaging application, email, word of mouth, etc. We reserve all of our rights (including where it is known or suspected you have passed these details on), which may involve suspending your account and/or voiding your transactions for the duration of exclusive sale. MillGens reserves the right to withdraw this offer at any time without notice.
Whilst we try and ensure that all details, descriptions and prices that appear on MarketPlace are accurate, there may be cases where errors occur. If we discover an error in the price of any product or service that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
Delivery costs and other charges
If delivery costs for a product are not included in the prices, it will be clearly stated and delivery will be charged in addition. The delivery costs (which will include VAT) will vary depending on the product that you have ordered and your delivery address. Please see the "Shipping Information" section of our Orders and Shipping page for further details. Any relevant delivery costs applicable to your transaction will be clearly displayed at the checkout before you place your order (and are included in the "Total Cost" amount shown on the order summary page).
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partner have any control over these charges, and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information and a “landed cost estimate” before placing your order. Additional information is also available in the "Duties and Taxes" section of our Orders and Shipping page.
For US customers, MillGens does not collect sales or use tax nor does MillGens collect use tax for international purchases. For states imposing sales or use tax, your purchase may be subject to use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included, you will be responsible for reclaiming duty directly from your local customs office.
By completing the check-out process and placing an order by clicking the "Place Order" button on the checkout page of MarketPlace, you are offering to purchase the product or service from the relevant Partner (and not directly from us). Your order for that transaction is subject to these Terms which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the product or service with our Partner, the Partner will be under a legal duty to supply you with good or service purchased by you that conforms with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner until it is delivered to you at the address specified when you placed your order.
By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order. If the credit or debit card is not in your own name, you are promising that you have the cardholder’s permission to use their card to pay for the order.
MarketPlace allows you to check your order and confirm before completing the transaction. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate.
Please see the "Which payment methods do you accept?" section of our FAQs for details of our available payment methods. When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of the relevant Partner, and products will not be dispatched (or the service will not be provided) until the details you have provided are verified. For information on when your payment will be debited from your account please see the "When will my card be charged?" section in our FAQs.
Once we have verified your payment details and the Partner has accepted and approved your order for delivery, we will email you to inform you of this. In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
We reserve the right not to submit your order to the Partner, and the Partner reserve the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria (e.g. you are under 18).
4. Your contract with the Partner
The identity of our Partner is shown on the order confirmation page when you place an order. When you place an order, you will receive an email confirming receipt of your order which is only an acknowledgement for information purposes and does not constitute acceptance of your order by the Partner.
The contract between you and the Partner in relation to your transaction will not be formed until your order is accepted and you have received a confirmation email from the Partner. This concludes the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner (please see section 5 below for further information on your rights to cancel the contract). Only those product and/or services listed in the dispatch confirmation email are included in the contract between you and the Partner.
If you are viewing MarketPlace from the UK, the product prices advertised on MarketPlace from Partners located within the UK are inclusive of the VAT charged by the relevant Partner.
The Partner from whom you have ordered supplies delivery services to you and is responsible for delivering the product and/or service to you. The Partner will arrange that directly with you.
6. Cancelling under the Consumer Contracts Regulations
Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("CCRs") or equivalent consumer legislation in the EU. This means that, during a certain cancellation period, if you change your mind or for any other reason you decide you do not want to keep the purchased product or service, you can notify us of your decision to cancel the order.
For services, you may only cancel under the CCRs if you have not made use of the service. For products, once the products are returned to the relevant Partner you will receive a full refund, including the original delivery costs (if that was additional to the price of the product); however, you may be liable to arrange and cover the full cost of returning the order to the Partner, depending on that Partner’s returns policy.
Some products are non-returnable, and this will be clearly stated on MarketPlace where it applies. Except in relation to certain types of products as set out in our Returns Policy, you may cancel a contract at any time before your order is delivered and up to 14 days afterwards, (for products, beginning on the day after you received the product) ("cooling-off period").
To cancel a contract, you must clearly inform us by email at firstname.lastname@example.org.
If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 14 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy. If you cancel a contract between us within the 14-day cooling-off period, we will process the refund due to you as soon as possible. In any case your refund will be completed within 14 days after the day on which the Partner received your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to the relevant Partner’s address.
7. Exclusions and limitations of liability
If, in operating MarketPlace, we fail to comply with these Terms, we are responsible for loss or damage you may suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any other liability which cannot be limited by law.
8. Our Partners’ products and services
With our Partners, we attempt to be as accurate as possible in the description of the products and services on MarketPlace. However, as the descriptions are based on information provided to us by Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact us if you would like more information about a product or service offered. The images of the products and services on MarketPlace are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the product or service.
If you are unhappy with the product or service you have received from one of our Partners, you should contact us and we will liaise with our Partner on your behalf to try to resolve the issue. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
The products sold by our Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor our Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
9. Your use of MarketPlace
This section sets out the rules that apply to your use of MarketPlace (whether or not you use it to order product or services or just to browse). By using MarketPlace, you agree to these rules. If you do not agree to these rules, you are not permitted to use MarketPlace and you should leave it immediately.
You may use MarketPlace for personal non-commercial use only and is permitted on a temporary basis. You acknowledge that, as between MillGens and you, MillGens is the sole owner of all Material on MarketPlace, including, without limitation, all applicable copyrights, patents, Trademarks, trade secrets, and other intellectual property rights thereto, as well as MillGens Content and all other text, images, graphics, logos, audio, video and other material appearing on MarketPlace. MarketPlace and MillGens Content are protected by the copyright laws and other intellectual property laws of the United Kingdom and are protected globally by applicable international copyright treaties.
Except where expressly stated to the contrary, all persons (including their names and images), third party Trademarks and images of third party products, services and/or locations featured on MarketPlace are in no way associated, linked or affiliated with us. Any Trademarks/names featured on MarketPlace are owned by the respective Trademark owners.
You may only download and print extracts of MillGens Content for your own personal non-commercial use, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
At any time without notice and in our absolute discretion, we may remove or edit any MillGens. Content or amend any part of MarketPlace.
You may not use any MillGens Content for any other purpose without our prior written approval, including:
(i) downloading or printing any MillGens Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of MillGens Content or content from MarketPlace; nor
(ii) reproducing, republishing, modifying, archiving, distributing, storing, or commercially exploiting MillGens Content without our prior written consent; nor
(iii) modifying or adapting or creating derivative works of MillGens Content; nor
(iv) utilising links to MarketPlace; nor
(v) systematically forwarding links to MarketPlace within a business or outside a business for business purposes; nor
(vi) copying or extracting data from MarketPlace by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
At all times when you are accessing, browsing or using or registering for use of MarketPlace, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of MarketPlace. In particular, you must not use MarketPlace in a manner which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property right).
Our liability to you in relation to MarketPlace
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to MarketPlace, or any content on it, whether express or implied. We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
- use of, or inability to use, MarketPlace; or
- use of or reliance on any content displayed on MarketPlace.
Please note that we only provide MarketPlace for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by:
- a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of MarketPlace or to your downloading of any content on it, or on any website linked to it; and/or
- your use of MarketPlace being unavailable whether on a temporary or longer term basis, including during any placing and/or fulfilling or an order.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any other liability which cannot be limited by law.
Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the services to you (see section 7) and our Partners’ supply of the product and services to you.
10. Data protection and privacy
11. Governing law & jurisdiction
Any contractual or legal relationship between you and MillGens will be concluded in English.
These Terms are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
12. Other terms
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of MillGens. The rights and remedies of MillGens under these Terms are independent, cumulative and without prejudice to its rights under the law.
Each of the sections and paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
These Terms constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Events outside of our control
We and our Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our or our Partners’ reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters (including health epidemic or pandemic), break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks. If such an event takes place and it affects the performance of our or our Partners’ obligations to you:
we will contact you as soon as reasonably possible to notify you; and
our and our Partners’ obligations to you will be suspended for the duration of the event.
Where the event affects delivery of products or services to you, we or our Partner will contact you to arrange a new delivery date after the event is over.
13. DMCA notice for US users
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on MarketPlace infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including your name, an address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
MillGens’s designated copyright agent to receive notifications of claimed infringement is: DMCA@MillGens.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
14. Additional disclaimers
Visitors to MarketPlace agree that their use of MarketPlace is at their own sole risk. MarketPlace is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of MillGens Content or MarketPlace; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. MillGens also makes no representations and warranties as to any linked sites and MillGens has no liability or responsibility with respect to your use of such sites. In some instances, MillGens Content may represent the opinions and judgments of providers. MillGens does not endorse nor shall it be responsible or liable for the accuracy or reliability of any statement made on MarketPlace by anyone other than authorised MillGens employees or agents acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by MarketPlace, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the MillGens Content or any other content available on MarketPlace; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. MillGens does not warrant or guarantee that access to MarketPlace will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL MILLGENS INCLUDING, WITHOUT LIMITATION, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE MARKETPLACE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN MARKETPLACE. THE EXCLUSION OF LIABILITY IN THIS SECTION 13 APPLIES EVEN IF MILLGENS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, MILLGENS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING MILLGENS’ LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
16. Exclusion of warranties (for Australian users)
The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by Partners of goods and services under these Terms. Notwithstanding the disclaimers and limitations of liability in Sections 7, 9, 14 and 15 above, these Terms do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).
Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on MillGens are expressly excluded under these terms and conditions.
including and its derivations mean “including, without limitation”
Material includes all or part of any text, graphics, layout, buttons, logos, images, audio material, films or other moving images, digital downloads, data compilations and software including the presentation and compilation of the same
MillGens Content includes all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on MarketPlace from time to time (including, anything made available for download)
Millgens Member means a private individual who has subscribed to one of the membership packages offered by MillGens
Partner means a trusted third party brand with whom we have partnered for them to retail to you their products and/or services via MarketPlaceTrade Marks means the trade marks, logos and service marks (whether or not registered) displayed on MarketPlace.