Terms and Conditions
1. General
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by Marcellie (the "Linked Sites"). Marcellie has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. Misuse of Website
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act. Marcellie will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Marcellie or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Marcellie and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Marcellie or its licensors.
5. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail, Order Receipt, that the payment for the goods which you have ordered have been received. Only those goods listed in the Order Receipt will be included in the contract formed.
b) Pricing and Availability
All prices stated are inclusive of free normal postage. Normal postage are free, while registered mail is available at an additional rate of $2.50 per package.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
c) Payment
Do not transfer money without having first received an invoice. Transfers of such kinds will not be refunded. Payment has to be made within 24 hours of receipt of invoice by either internet banking or ATM transfer. ATM transfers have to be accompanied with a clear snapshot of the transaction slip.
d) Delivery
Free postage is available for all items. Registered mail is available at an additional rate of $2.50 per item.
Self-collection is available at the discretion of Marcellie and only on the stipulated dates, time and locations stated.
Marcellie will not be held responsible for any lost mail. All customers are strongly encouraged to opt for registered mail.
e) Exchange Policy
Goods sold are non-refundable.
Please check all items upon receipt of items. If item is found to be defective, please inform us within 3 days upon receiving the item.
No refunds will be given. Exchange will only be done with a similar item. Should the item no longer be available, an exchange will be carried out with an item of similar or lower value.
Item must be in its original unworn and unwashed condition with all tags intact to be eligible for exchange.
In the event that customers make a wrong judgment in sizing or colour, an exchange may be considered if replacing item is still in stock.
Please note that measurements may vary slightly due to mass production. Such are not considered defects and are not eligible for exchange.
Please note that exchanges are assessed on a case-by-case basis. Marcellie reserves all rights to exercise discretion in permitting all returns and exchanges.
f) Discount / Cash / Gift Vouchers
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
Vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
We’ll despatch your gift voucher either as soon as payment has been received or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.
If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect.
In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
If you need a refund, the amount will be credited back to your bank account.
We reserve the right to vary these terms and conditions.
The conditions of use relating to any discount code will be specified at the time of issue.
6. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Marcellie and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Marcellie's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
8. Indemnity
You agree to indemnify, defend and hold harmless Marcellie, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
9. Variation
Marcellie shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this Website.
10. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remaining in full force and effect. As far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website also contains links to other websites, which are not operated by Marcellie (the "Linked Sites"). Marcellie has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
2. Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. Misuse of Website
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act. Marcellie will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Marcellie or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Marcellie and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Marcellie or its licensors.
5. Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail, Order Receipt, that the payment for the goods which you have ordered have been received. Only those goods listed in the Order Receipt will be included in the contract formed.
b) Pricing and Availability
All prices stated are inclusive of free normal postage. Normal postage are free, while registered mail is available at an additional rate of $2.50 per package.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
c) Payment
Do not transfer money without having first received an invoice. Transfers of such kinds will not be refunded. Payment has to be made within 24 hours of receipt of invoice by either internet banking or ATM transfer. ATM transfers have to be accompanied with a clear snapshot of the transaction slip.
d) Delivery
Free postage is available for all items. Registered mail is available at an additional rate of $2.50 per item.
Self-collection is available at the discretion of Marcellie and only on the stipulated dates, time and locations stated.
Marcellie will not be held responsible for any lost mail. All customers are strongly encouraged to opt for registered mail.
e) Exchange Policy
Goods sold are non-refundable.
Please check all items upon receipt of items. If item is found to be defective, please inform us within 3 days upon receiving the item.
No refunds will be given. Exchange will only be done with a similar item. Should the item no longer be available, an exchange will be carried out with an item of similar or lower value.
Item must be in its original unworn and unwashed condition with all tags intact to be eligible for exchange.
In the event that customers make a wrong judgment in sizing or colour, an exchange may be considered if replacing item is still in stock.
Please note that measurements may vary slightly due to mass production. Such are not considered defects and are not eligible for exchange.
Please note that exchanges are assessed on a case-by-case basis. Marcellie reserves all rights to exercise discretion in permitting all returns and exchanges.
f) Discount / Cash / Gift Vouchers
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
Vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
We’ll despatch your gift voucher either as soon as payment has been received or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.
If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect.
In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
If you need a refund, the amount will be credited back to your bank account.
We reserve the right to vary these terms and conditions.
The conditions of use relating to any discount code will be specified at the time of issue.
6. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Marcellie and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Marcellie's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
8. Indemnity
You agree to indemnify, defend and hold harmless Marcellie, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
9. Variation
Marcellie shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this Website.
10. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remaining in full force and effect. As far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
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