Terms of Sale

Last updated - 1st January, 2022

 

www.mararhomberg.com (hereafter also named the “Website”) is a site operated by Mara Is Not Limited (“Mara Rhomberg,” “we,” “us,” or “our”). Mara Is not Ltd. is a company incorporated and registered in Hong Kong under company registration number 2366324, with registered offices at Suite 3002, 30/F, Oxford House, 979 King’s Road, Quarry Bay, Hong Kong.

To contact us, please email us at customerservice@mararhomberg.com.

 

These terms and conditions (“Terms”, “Terms and Conditions”) apply to the purchase and sale of products (“Product” or “Products”) through our Website www.mararhomberg.com. These Terms tell you who we are, how we will provide products, how you and we may change or end the contract between us, what to do if there is a problem, sets out our policy in respect of accepting returns and exchanges, and issuing refunds for items purchased from our Website and other important information.

These ‘Terms and Conditions’ constitute the complete terms of the order by you, who complete the order on the Website, and the supply of Products from us (“Contract”). The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, representation or assurance or warranty that is not set out in the Contract. If one or more of the provisions in the ‘Terms & Conditions’ are declared fully or partially invalid, the remaining Terms still apply.

These Terms should be read in conjunction, and are in addition to:

Our Terms of Use and our Privacy Policy, which includes our Cookies Policy, that sets out information about cookies on our site.

 

By placing an order for our Product(s), you agree to have read, be bound by, and accept our terms and policies. We reserve the right to amend these Terms at any time, at our sole discretion, without any prior written notice. The latest version of these Terms will be updated on this page, with the corresponding effective date. We recommend that you review these Terms and Conditions prior to your purchase of any Product or using our services and/or print a copy of these Terms for your future reference. If you do not agree with these ‘Terms of Sale’, you must not order any Product from us.

Please note that the Terms and Conditions applicable to your order are the Terms in effect at the time that we accept your order. To substantiate your acceptance of the applicable Terms and Conditions on the date of your order, you will be required to check the box “I have read and hereby accept the Terms and Conditions of the mararhomberg.com website”.

 

 

1 – Online store terms and conditions

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

By agreeing to these ‘Terms of Sale’, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

2 – Placing an order

Once you have selected the Product(s) you would like to order, you will have the option to add these items to your virtual shopping cart. When you have completed your selection or browsing experience, you can then proceed to pay for the products in your shopping cart by proceeding to check-out.

Our order process allows you to check and amend any errors before submitting your order to us. Before completing your purchase, please check your order carefully and ensure that the information you have provided to process and deliver your order is complete and accurate. All highlighted fields must be completed. We respect your right to privacy and will only use any information provided to us in accordance with our Privacy Policy.

When you place an order to purchase a product from us, your order represents an offer by you to buy the goods specified in the order (“Goods”) to us to purchase that product, which we may choose to accept or refuse. It does not constitute a legally binding contract. Please note that products in your shopping cart are not reserved and are available to other customers until you have placed the order at checkout and received the order confirmation from us.

 

3 – Order acceptance and cancellation

We reserve the right at any time following receipt of your order to accept, decline or limit your order for any reason, whether or not you have been charged. Fulfillment of all orders on this site is subject to availability and we are not obliged to accept any order we receive from you and reserve the right to reject or cancel a contract for any reason, without being liable of any damage or costs other than the repayment of any amount received from you in relation to the contract we cancelled. If your order has been cancelled or limited, any payment made pursuant to that order will be refunded to the original form of payment. If you have been charged and your order is cancelled, we will promptly issue a refund to your original form of payment in the amount of the charge and notify you by email that your order was cancelled.

Our acceptance of your order takes place when we email you an order acceptance confirmation, at which point a contract between you and us comes into existence. We store concluded Contracts, including order confirmations, for a period of time, and we recommend that you save these documents as well, as they may not necessarily be available on the Website subsequently.

When you make a purchase on the Website, you can choose to create an account or simply complete a single purchase, without creating an account. Please note that the personal information you submit to us in connection with the creation of your account is collected, stored and processed in accordance with our Privacy Policy. If you wish to cancel your account at any point in time, please contact us at customerservice@mararhomberg.com in writing.

 

4 – Our products

All images of the Goods shown on our Website are provided for illustration purposes only. We have made every effort to display the colour of our products accurately, but we cannot guarantee that a device’s display of colours accurately reflects the colour of our products. A number of our products are handmade and created using natural materials, meaning no two pieces will be identical and the product image on our website may differ slightly from the product you receive. 

We are not responsible for such discrepancies and reserve the right to amend the Goods if required by any applicable statutory or regulatory requirements. Please note that we do not guarantee that all products on our Website are in stock or are available for purchase. We reserve the right to stop selling a product at any time and for any reason.

 

5 – Our prices

The price of the Product will be the price indicated on the order pages when you place your order. Prices for our Products are subject to change without notice. We take reasonable care to ensure the prices on the Website are adjusted and up-to-date, ensuring that there are no errors in our pricing. However, it is possible that some of the Products may be incorrectly priced.

As part of our dispatch procedures, we will check prices before accepting your order. In the case that the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount; and in the case that the Product’s correct price at your order date is higher than the price stated at the time of your order, you will be notified in writing informing you of this error. You will then have the choice to continue with your purchase at a higher price or cancel your order. Your order will not be processed until we have received your confirmation. If we do not receive a response within 5 working days and are unable to reach you using the contact details you have provided, we will treat your order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mis-pricing, we may end the Contract, refund you any amounts you have paid and require the return of any Products provided to you at our cost.

All prices shown on the Website are in EUR and inclusive of VAT at the relevant rate. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT paid accordingly, with the exception that the Goods have been paid in full before the change in VAT takes effect. Prices shown on the Website exclude the costs of delivery and any other applicable taxes and duties. These charges will be suggested upon check-out, before you confirm your order.

 

6 – Making changes to your order and your rights to end a contract with us

If you wish to make changes to your order please contact us within 48 hours of confirming your order. We will let you know if the change is possible and of any additional charges derived as a result, the timing of delivery or anything else which would be necessary as a result of your request. You will need to confirm whether you wish to proceed with the requested change before your order will be processed. If change to your order is not possible or the consequences of the change are unacceptable to you, you have the right to end your Contract with us.

If you wish to amend your order or end your Contract with us for any reason after your order has been dispatched or received, please email us at customerservice@mararhomberg.com. Kindly provide us all relevant information for us to process your exchange or return - order number, name, email address, delivery address, reasons for your return, any other details of the order and, where available your phone number. Once your request has been confirmed, you will need to organise for the goods to be sent back to us without undue delay. 

In the case that the return is due to faulty or non-conforming Products, or any mistakes made on our behalf, we will bear all costs incurred in the process. Otherwise, you, the customer will bear the costs of return and you will not be refunded any import duties or taxes that you have paid. Any return must be made with a traceable method and the tracking number must be provided to us. You will be reimbursed all payments made for the Product(s), excluding delivery costs, in the same means of payment used for your initial transaction, unless you have expressly agreed otherwise in writing.

Once your return has been received, your order will be checked and inspected. All Product(s) must be handled correctly, undamaged, acceptable for resell and otherwise adhereing to the terms and conditions set forth in our Returns and Exchanges policy. This process if usually completed within 2-3 business days. You will be notified vie email once your return has been processed and accepted by us, and only then will your refund be reimbursed. 

We maintain a 14 days exchange and return policy and you must notify us of your request within this time period. 

 

7 – Faulty products

We have a legal obligation to supply Products that are of quality for the intended purpose and match the specifications we have given. If you notice non-conforming or faulty goods at the time of delivery, you should refuse the goods if possible or contact us at customerservice@mararhomberg.com immediately. When contacting us, please provide us with all relevant information for us to process your exchange or return. If an exchange is not possible, you will need to return the faulty goods to us and will be reimbursed the full amount.  In the case of return of faulty or non-conforming goods, we resume the responsibility for all delivery charges including any duties and taxes paid.

We reserve the right to reject any return of faulty Products, which in our opinion have not been handled correctly, and not in accordance with the conditions in our Return Policy.

 

8 – Delivery

Orders are processed and shipped Monday to Friday, except during bank holidays.

We only deliver to residential and commercial addresses. We do not ship to General Delivery, PO boxes or APO/FPO addresses. Please see our Shipping Policy for further information.

Orders will be dispatched once full payment has been received. You will be provided with an estimated date of delivery. In the case that the delivery shall be delayed by an event outside our control, you will be notified as soon as possible and we will take the necessary steps to minimise the duration and effect of the delay. In the case of a substantial delay, you will have the option to end the Contract and receive a full refund for any Products you have purchased and not received. To the extent permitted by the applicable law, we cannot be held responsible for any reasonable or unavoidable delay of delivery or any delay as a result of your actions or inactions.

Goods will be delivered to the delivery address specified in your order. We will not be responsible for a delayed delivery or not delivering any part of your order if this is a result of incorrect delivery information.

Deliveries require a signature upon receipt. If you have specified a recipient other than yourself for delivery purposes, you accept that signature by the third party is sufficient proof of delivery and fulfilment. If no one is available at the address at the time of the delivery, the Product(s) will be retained by the delivery company for a reasonable period of time before they are returned to us. Our courier will make up to two delivery attempts. Following a failed delivery to you, you are responsible to re-arrange delivery or collect the Product(s) from a delivery depot. If you fail to re-arrange delivery or collect your Product(s) and your order is returned to us by the delivery company, we will notify you by email and issue you with a refund for the Product(s) but reserve the right to retain any costs incurred during the process of delivery and return of the Product(s).

Delivery will be complete once the Goods have been received by you or an authorised third party, at which point responsibility and liability of such Goods will be transferred to you.

We are not responsible for any charges of applicable import taxes and duties. Before receiving your delivery, you will need to pay the delivery company the outstanding charges, or the delivery company may hold on to your products until the duties and taxes have been paid.

 

9 – Payment terms  

During the checkout process, you will be asked to complete your payment details. In order to protect you against fraud and maintain a high level of security for online purchases, we may carry out verification checks. The verification process may compromise the data that you send when ordering, including your address and payment information. Please note that we will collect, store and use your information in accordance with our Privacy Policy.

Shopify Payments, our authorised payment service provider, receives payment on our behalf and accepts most major credit and debit cards. Shopify Payments collect, store and use your information in accordance with their own privacy policies. If you choose a direct payment gateway to complete your purchase, Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For further information, you may read Shopify’s - Terms of Service: (https://www.shopify.com/legal/terms) or Privacy Statement: (https://www.shopify.com/legal/privacy). We do not control Shopify Payments and we are not responsible for their privacy statements.

The order amount will be charged to your account as soon as your order has been placed. All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you via email. If we cannot supply you with the Product(s) you have ordered, we will cancel your order and inform you of this as reasonably possible and you will receive a full refund if you have already been charged for the Products.

If you wish to cancel your order, please contact us at customerservice@mararhomberg.com. We will notify you once the order has been cancelled and the amount debited back onto your account.

 

10 – Voucher codes and external site promotional codes

Voucher codes and other external site promotional codes are only valid for use on our site www.mararhomberg.com. Please note that all such codes are only valid during a certain promotional period. The discount of such codes will be applied to the retail prices, excluding delivery charges, at check-out and cannot be used in conjunction with any other voucher or promotional code. Any refunds will take potentially applied discounts into account.

We reserve the right not to accept any voucher code or external side promotional code at any time and for any reason.

 

11 – Your use of our products

You acknowledge that you are only permitted to use our Products for your own private purposes and that you agree to not copy or use our Products for any other purposes including, for example, any commercial purposes or to copy or disseminate our Products to any other persons. We reserve the right to decline any orders where we suspect that the Product(s) provided may be used for non-private purposes.

 

12 – Intellectual property (Copyright & Trademark)   

All content included on www.mararhomberg.com, including but not limited to, design, text, graphics, logo, video and audio clips, images, button icons and the compilation thereof, software compilation, source coding, are the property of Mara Is Not Ltd. or our suppliers. The contents are protected under the laws of the Hong Kong Special Administrative Region and international copyright laws. Mara Is Not Ltd. or our content suppliers own the copyright to the above-mentioned.

The content of the Website may only be copied for your own private use. Any other information and material on the Website, such as reproduction, modification, distribution, transmission, republication, display or performance is strictly prohibited. You may therefore not, besides your own private use, copy, display, download, distribute, alter, modify, reproduce, republish or rephrase information, text, documents or other materials from the Website without the consent from Mara Is Not Ltd. or our suppliers.

Brand names, product names, logos and titles that appear on the Website are trademarks or trade names and are property of Mara Is Not Ltd. or our suppliers. Any reproduction of such trademarks or trade names are an infringement of the owner’s rights and is strictly prohibited, unless for your own private use.

You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the products (“IPR”), you hereby assign to us all rights and titles in any IPR that vests in you to the fullest extent possible, including any renewals or extensions of such IPR and waive any moral rights you have now or in the future in relation to the Products.

 

13 – Liability

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, if we exclude, subject to the following sentences, all other representations, warranties, conditions and terms expressed or implied by statute, common law or otherwise to the fullest extent permitted by law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues how-so-ever caused arising in connection with any order placed by you.

We will not be liable to you where we breach these Terms due to any cause that is beyond our reasonable control. This clause does not affect your legal rights as a customer.

 

14 – Ending our contract with you

Without limiting any of our other rights, we may suspend the supply or delivery of Goods to you, or terminate our Contract with immediate effect by giving written notice to you if:

- You commit a material breach of any Terms of the Contract and, if such a breach is remediable, fail to remedy that breach within 14 days of being notified in writing to do so;

- You fail to pay any amount due under the Contract on the due date of the payment;

- You not, within a reasonable time, allow us, or a delivery company, to deliver the Products to you;

- You do not, within a reasonable time, pay any applicable taxes to the delivery company;

- We become aware that you are under the age of 18 or you are below the age of majority in your state, province of residence.

If we end the Contract in the situations set out in this section, you will be refunded any amount you have paid in advance for products we have not provided. However, we may deduct or charge reasonable compensation for the net costs we will incur as a result of you breaking the Contract.

Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

 

15 – Other important terms 

Assignment and transfer

You may not assign or subcontract any of our rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or subcontract any of our rights or obligations under these terms of sale to any third party at our sole discretion. We will notify you in writing if this happens and will ensure that the transfer will not affect your rights under the contract, and that the standard of the service you receive will not be affected by such an assignment. By accepting these Terms and Conditions you agree to any such future assignment and from the time when we have given you notification of such assignment, your rights may be claimed only against the third party in question.

Waiver

No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.

Severability

If any of these Terms are found to be illegal, invalid or unenforceable by any court or relevant authority, the rest of these Terms shall remain in full force and effect.

Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms.

Jurisdiction

These Terms, their subject matter and information are governed by the laws of the Hong Kong SAR, subject to the application or any mandatory laws of the country in which you reside. We both agree to the exclusive jurisdiction of the courts of the Hong Kong SAR to settle any dispute or claim arising out of or in connection with these Terms or your use of our Website.

Force Majeure

We are not responsible for delays or failures to meet our obligations set out in the Terms and Conditions, if the delay or non-compliance is due to events or a sequence of events beyond our reasonable control preventing or delaying us from performing our obligations.

Updating the website

We do our utmost to update our Website, ensuring prices, offers, descriptions and other information concerning our products and services are correct. We will try to give you reasonable notice of any major changes by posting a notice on our Website.

Please note that typographical errors and errors in prices, offers, descriptions and other information concerning our Products may occur. We do not guarantee that our Website, or any content on it, will be free from errors and omissions. We may revise our Terms and Conditions and the effective date of the revised Terms and Conditions will be stated at the top of this page.

Your continued use of our Website after such an effective date constitutes your agreement to such changes. It is your responsibility to ensure you understand and agree with the Terms and Conditions that apply at the time of use of our Website.

 

 

 

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