MARZBAR CLOTHING STORE – TERMS OF SERVICE
This website is operated by Exonia Clothing Limited. As a result, any use of the words “we,” “us,” and “our” in the following text refer to Exonia Clothing Limited and nobody else.
This website is offered to you, by Exonia Clothing Limited, for your use subject to your acceptance of the following terms, conditions, policies and notices.
If you visit the site or purchase something from us, you are accepting our offer of service by us to you and are, therefore, agreeing to be bound by the terms, conditions, policies and notices which will follow.
The terms, conditions, policies and notices which are to follow will apply to everybody who uses this site: browsers and buyers.
Please take the time to read our terms of service carefully before further accessing the website or buying something. If you find that you do not agree with any of the terms, conditions, policies or notices which follow, please do not continue using the site for either browsing or purchasing.
We can update (including the entire replacement/deletion/addition of sections) any of the terms, conditions, policies and notices to follow at any time. The most up to date version will always be available for you to read on our website. By continuing to use our website for browsing or buying, you are accepting any changes made to the terms, conditions, policies and notices to follow. If you do not agree with an update, please discontinue your use of the website.
Our store is hosted by Big Cartel Incorporated. It is this company which provide us with the software platform that allows us to conduct e-commerce transactions with you i.e. it is this company which enables us to sell our products to you.
From now on in this text, “terms, conditions, policies or notices” and “terms, conditions, policies and notices” will be bundled into the one word “terms” for clarity.
Please note that the headings used in this text are included for clarity’s sake only and they will have no bearing on the application of these terms.
If you agree to the terms of service, you are saying that you are at least the legal age of majority in the area of the world where you live and, also, that you have given your consent to any of your legal minor dependents to use the website.
It is forbidden to use our products for an illegal or unauthorised purpose.
It is forbidden to use the website to facilitate the violation of laws which apply where you live in the world (particularly copyright laws).
It is forbidden to deliberately target the website with computer viruses or other executable codes, whether or not these would likely damage the website.
If you breach the terms of service, we may immediately withdraw our offer of this website for your use.
Section 2 – Important information
We reserve the right to refuse to serve anybody who is using the website for any reason at any time.
You acknowledge that content which you contribute whilst using the website (excluding your payment information) may be transmitted in an unencrypted fashion. For example, your address may be transmitted unencrypted. Additionally, the transfer of information may involve transmissions over multiple and varying networks. Payment information will always be encrypted during transfer over any networks.
It is forbidden to copy, resell or exploit any portion of the website which we provide to you for your use.
Section 3 – The quality of the information on the website
If information which is made available on the website is found to not be accurate, complete, or current, you agree that we will not be held responsible for any loss which you might suffer as a result. The reason for this is that the information provided on this website is for your general information only and is NOT to be relied upon as the sole basis for coming to any decision (including, but not limited to, purchasing or not purchasing an item listed for sale on the website). You rely on the information provided on this website at your own risk.
Certain information on the website may be historical – by its very nature, this historical information is not current and is provided for your general reference only. We can modify any part of the website’s content at any time, but we are not obliged to perform any such update or modification and we are not obliged to give you any notice before or after we make the changes.
You agree that it is YOUR responsibility to monitor the changes made to our website. We are not obliged to inform you if we make a change to the website’s content.
Section 4 – The quality of the information which you provide to us
It is essential that you make every effort to provide us with accurate, error free and omission free information when you use our website. This includes, but is not limited to, the address which you provide for the delivery of your order and your choice of product.
With regards to the address which you provide for the delivery of your order, we will NOT be liable for the loss of your order in the post caused by you providing an inaccurate address where there are errors in the address or where substantial and/or material information is missing from the address. We reserve the right, if an order does go missing in the post, to use whatever sources of information we deem fit, to determine whether the address you gave us was valid and our decision on whether the address you gave was valid or not is final. If we deem that the address you provided to us was invalid, we will assume that this is the reason why your order was lost in the post.
No refund of any kind will be due to you for any order which has gone missing in the post because you provided an inaccurate delivery address. If you would like your order to be sent to you again, you will have to pay for your order again in its entirety.
Section 5 – Changes to prices of products and changes to the website
Prices for our products may change at any time without any prior notice to yourself.
Portions of (up to and including 100%) of the website may be modified or totally discontinued at any time without any notice to yourself.
We will not be liable to you or anybody else if any changes to price or the website or any discontinuation of any product or section of the website causes you or anybody else to suffer any kind of loss (unless this would break the law where you live, in which case we will not be liable for more than the maximum amount set down in law).
Section 6 – Nature of products sold on the website
There may be limited quantities of certain products which are available through our website. Once this supply is exhausted, we are under no obligation to provide any more.
We cannot guarantee that your computer monitor will show our products as we intended them to be seen or how they appear in real life. Colours and images may be distorted or not give a true representation of how the product appears in real life. We will not accept liability because you or anybody else suffered a loss because of the quality of images or any other content displayed on your or anybody else’s computer monitor.
We can, without providing a reason, and at our discretion on a case-by-case basis, limit the quantity of sales of any product to any individual in any geographic location.
The descriptions of all products on this website can be changed at any time without giving you any prior notice.
If an offer of a product or any service is made on this website, and that offer of the specific product or service is disallowed by your local laws, then this offer is null and void.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Section 7 – Our influence over placed orders and the Accuracy of billing and account information
We can refuse any order placed by anybody on the website for any reason.
We can limit the quantities of any product purchased per person, per household or per order at any time for any reason.
In the event that we make a decision to cancel or alter an order, we will try to contact you via the email address which you used when you placed the original order.
We can cancel orders which, appear to us, to be placed by dealers, resellers or distributors.
You agree to provide current, complete and totally accurate payment information for all purchases made on the website.
You agree to keep your email address on your account up to date so that we can contact you as needed.
Section 8 – Third Party Links on our website
Third party links may appear anywhere within the website’s content. You acknowledge that third party links on our website will normally direct you to websites which are absolutely not affiliated with us. We are not responsible for monitoring the content of these unaffiliated third party websites and we will not accept liability for any loss which you might suffer as a result of visiting any unaffiliated third party websites by clicking an unaffiliated third party website link on our website.
Section 9 – User generated input on our website
If, because we asked for it, you give us certain submissions like an entry into a contest or you send us material when we didn’t ask for it, like ideas and suggestions for new products on the website, for example, you agree that we may, at any time, without any restrictions and without consulting with you, modify, copy, publish, distribute or translate such material. We will not have to keep the material you send us secret, pay you any money for any material you contribute or respond to any material sent to us.
We may, though we do not have to, monitor user generated submissions and edit, totally remove or totally destroy any content which we believe to be objectionable (for example content which is false, offensive, unlawful, threatening or obscene or material which we feel violates another party’s rights or violates these terms of service).
You agree that you will not send us material by way of an email, by way of publishing to the website or by way of post which violates the rights of a third party, violates trademarks or copyright law, violates privacy rules, violates the law or is otherwise abusive or obscene.
It is forbidden to use a false email address or pretend to be somebody who you are not with the intention of misleading us in our investigations into the origins of any material submitted to us.
You are responsible for the submissions which you make as well as their accuracy. We will not take responsibility for the content of your submissions.
Section 10 – Errors and omissions on our website
Though we do try to keep the information on our website error and omission free, we cannot guarantee that this will always be the case. From time to time, there may be information on the website which contains typos, inaccuracies or omissions. This could be in descriptions, pricing, shipping charges, delivery timescales or any other piece of information in the content of the website.
We have the right to correct these errors when we realise that they are there and to cancel any orders which were made during the time where the error, omission or inaccuracy existed. We do not have to give you any notice when we do this.
Section 11 – Forbidden uses of the website
It is forbidden to use the website or any of its content for any unlawful purpose.
It is forbidden to use the website or any of its content to try and get other people to perform unlawful acts.
It is forbidden to use the website to execute a hate crime against another human being.
It is forbidden to use the website to submit information which you know to be false or misleading.
It is forbidden to upload computer viruses or other destructive codes to the website.
It is forbidden to use the website to collect or track the personal information of other users of the website.
It is forbidden to spam the website or to operate a phishing scam in relation to the website.
It is forbidden to use the website for an obviously obscene or immoral purpose.
It is forbidden to attempt to or to successfully circumvent the security features of the website.
We may disallow you from using our website if you use our website for any of the forbidden uses listed above.
Section 12 – Disclaimer of warranties and our limitation of liability to you
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the website are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind.
In no case shall Exonia Clothing Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Section 13 – Indemnification
You agree that you will indemnify, defend and hold harmless Exonia Clothing Limited, any subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 14 - Severability
In the event that any provision of these terms of service is determined to be unlawful, void or unenforceable this will NOT make the entire terms of service unenforceable. The unenforceable portion shall be deemed to be removed (severed) from these terms of service and this severing shall not affect the validity and enforceability of any of the remaining parts of the terms of service. What remains of the terms of service shall continue as if the severed portion were never present.
Section 15– Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services or by totally ceasing to use our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
Section 16 - Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service does NOT in any way mean that we waive such a right or provision.
These terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Section 17 - Governing Law
These terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of England and Wales and you agree to allow any legal disputes which arise from these terms of service to be mediated exclusively by the courts of England and Wales.
Section 18 - Changes to terms of service
You can review the most current version of the terms of service at any time on the website.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.