TERMS & CONDITIONS OF USE
This document was last updated on 11/12/2017.
By accessing and using the website http://www.marinetales.com (hereinafter “the Website” or “the Service”) you (hereinafter “you” or “the user”) shall be deemed to have agreed to adhere to and be bound by the present Terms and Conditions of Use, which shall comprise an integral part of any agreement (hereinafter “Agreement” or “Contract”) entered into between you, in your capacity as a consumer, and Trataro Ltd, a private company limited by shares incorporated under the laws of the Republic of Cyprus, duly registered in the relevant Companies Register kept at the Department of Registrar of Companies and Official Receiver of the Republic of Cyprus with registration number HE 361583, whose registered office is at Victory House, 205 Archbishop Makarios Av., 4th floor, 3030 Limassol, Cyprus (hereinafter “the Company” or “we” or “us”, unless otherwise provided). You are strongly advised to carefully read the Company’s Terms and Conditions of Use before creating an account on the website and/or proceeding with the placing of any order and/or making any purchase in respect of the products and/or services advertised on the website.
FORMATION OF THE CONTRACT
These Terms and Conditions of Use shall apply to all agreements as between you and the Company for the purchase of any good(s) or product(s) through the website to the exclusion of all other terms and conditions which you may purport to apply under any purchase order confirmation of order or similar document. All orders for goods placed on the website shall be deemed to constitute an offer by you to purchase goods pursuant to these Terms and Conditions of Use. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you accompanied by a Billing Invoice (hereinafter the ‘Billing Invoice’) at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. Nothing in these Terms and Conditions of Use shall affect the statutory rights afforded to you in your capacity as consumer.
ACCOUNTS AND MEMBERSHIP
By setting up an account on the Company’s website, you accept sole responsibility for maintaining the security of your account and you assume full responsibility for all activities that occur under the account and any other act or omission in connection with the use of your account. Should you become aware of any error or inaccuracy in the contact information that you have provided in the context of setting up your account, or in the event the information contained in your account no longer reflects your current status, you must immediately proceed to update your contact details to reflect an accurate description of your current status. The Company reserves the right to terminate your account in the event that you provide false or misleading contact information.
If you have reason to believe that your account has been tampered with or you become aware of any unauthorized use of your account, you must immediately notify the Company of any such unauthorized use or any other breach of security to your account. The Company shall not accept any liability in respect of any acts or omissions pertaining to the setting up and use of your account by you, including any loss or damage that may be incurred by you as a result of any such acts or omissions.
We reserve the right to restrict your access to the Site or any part thereof. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms and Conditions of Use). The Company furthermore reserves the right to suspend, disable or delete your account (or any part thereof) in the event that it is brought to the Company’s attention that you have violated any provision of these Terms and Conditions of Use, or that your conduct or content would tend to harm or otherwise inhibit the Company’s business, reputation or goodwill.
Should the Company elect to exercise its right to delete, disable or suspend your account due to any of the above-mentioned reasons, you may not re-register on the Company’s website, and for this purpose the Company reserves the right to take any and every legitimate measure and/or step to prevent further registration.
The website may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
The Company does not own any data, information or material (hereinafter “Content”) that you may submit, upload, or otherwise place on the website in the course of using the service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted content. The Company may, but is under no obligation, to monitor content on the website submitted or created using the service by you. Unless specifically permitted by you, your use of the website does not grant to the Company license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. You agree that the Company shall be entitled to access, copy, distribute, store, transmit, reformat, display and perform the content of your user account solely as required for the purpose of providing the service to you. We may collect and use information about you in accordance with our Privacy Statement. You can view a copy of this policy by clicking here.
The Company accepts no responsibility concerning any content appearing on the website that has been uploaded, entered, or otherwise placed on the website by you. In no event shall the Company be held liable for loss of any such Content. It is your sole responsibility to maintain appropriate backup of your content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, the Company may be able to restore or recover some, or all of your data that has been lost as of a certain date and time where the Company may have backed up data for its own purposes. The Company provides no guarantee that the data in question will be readily available on demand.
We will use reasonable efforts to ensure that the website is available at all times. However, we cannot guarantee that the website or any individual function or feature of the website will always be available and/or error free. In particular, the website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the website.
USE OF THE WEBSITE
By placing an order through the website, you warrant that you are at least 18 years of age and are legally capable of entering into binding contracts. Your permission to use the website is personal to you and non-transferable, and you may not use the website for commercial purposes. You agree and acknowledge that you will only use the website to make legitimate enquiries or for the placing of an order or orders for the purchase of a good or product offered through the website and you furthermore warrant and confirm that any contact information provided by you in the course of using the website and setting up an account is accurate (for more information about how your personal data is collected and processed you are encouraged to refer to our Privacy Statement). Failing or refusing to provide any of the requested information in the course of using the website and setting up an account may impair the Company’s ability to complete your order and you may be unable to avail yourself of the full range of services offered by the Company through the website.
Your use of the website is conditional on your compliance with the rules of conduct set forth in these Terms and Conditions of Use and you agree that you will not:
• use the website for any fraudulent or unlawful purpose;
• use the website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the website; or express or imply that we endorse any statement you make;
• interfere with or disrupt the operation of the website or the servers or networks used to make the website available; or violate any requirements, procedures, policies or regulations of such networks;
• transmit or otherwise make available in connection with the website any virus, worm, Trojan horse or other computer code or malware that is harmful or invasive or may, or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
• reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website;
• modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the website to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
• remove any copyright, trade mark or other proprietary rights notice from the website or materials originating from the website;
• frame or mirror any part of the website without our express prior written consent;
• create a database by systematically downloading and storing website content;
• use any manual or automatic device in any way to gather website content or reproduce or circumvent the navigational structure or presentation of the website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
We reserve the right to revoke these exceptions either generally or in specific instances.
LIMITATION OF LIABILITY
We provide the website on an ‘as is’ and ‘as available’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, but without excluding anything that may not lawfully be expected in the case of consumers, we expressly exclude all other conditions, warranties and other terms of any kind. The Company’s liability pertaining to any good or product purchased through the website is strictly limited to the purchase price of that good or product.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us of the problem in writing via our web form within 40 days of the date on which you ordered the goods.
Subject to the foregoing, the Company shall accept no liability in respect of indirect or consequential damages, loss of data, income, profits or contracts, loss of business or anticipated savings, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms and Conditions of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under the laws of the Republic of Cyprus, EU Law or other statutory rights which may not be excluded, nor in any way to exclude or limit the Company’s liability to you (a) for death or personal injury resulting from our negligence or that of our employees or agents, and (b) for fraud or fraudulent misrepresentation.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be expected in the case of consumers, the Company disclaims all other warranties of any kind. Nothing in this Clause shall be construed as limiting or extinguishing your rights as a consumer or your contract cancellation rights.
STATUTORY RIGHT OF CANCELLATION
You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth calendar day from the date of receipt of the Billing Invoice. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
You may elect to exercise your statutory right to cancel the contract at any time prior to the expiry of time period of fourteen (14) calendar days from the date of receipt of the Billing Invoice by notice in writing either via email, fax or double registered post pursuant to the Distance Marketing of Consumer Financial Services Law L.242(I)/2004. Should you choose to exercise your right to terminate the contract you are entitled to receive a full refund of any monies that you may have paid (including delivery charges) prior to cancelling your contract, within thirty (30) calendar days from the date the Company receives a relevant notice to this effect by you, communicated to the Company by such means of communication as envisaged in the present Clause.
In the event that the goods comprising the subject-matter of the order that you have cancelled have already been delivered to you, you must return these within thirty (30) calendar days from the date such notice has been communicated to the Company. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must return any such goods or products as soon as possible and in any event no later than 30 days from the date you received such goods or products. You may make a return by courier arranged by us free of charge in which case you should contact us through our web form to arrange for collection of the product. In the event that you elect to make a return using a method other than the free option offered by us you shall bear the corresponding delivery costs.
Pursuant to s.4(c)(iv) of the Distance Marketing of Consumer Financial Services Law L.242(I)/2004 you may, exercise your right to cancel your order by using the following form/template:
TO: Victory House, 205 Archbishop Makarios Av., 4th floor, 3030 Limassol, Cyprus – firstname.lastname@example.org
I/We the undersigned, …………………………… hereby terminate our contract.
[Provide reference number or URN or other details capable of determining the contract in question. You may also provide the name and address]
Customer Signature: ……………………………
Once you have communicated your intention to terminate the contract using the abovementioned template, the Company shall undertake to transmit to you via email an acknowledgment of receipt of your notice of termination. Alternatively, you may elect to exercise your right of cancellation via any other means of communication envisaged in the present Clause subject to the caveat that such communication contains a clear statement indicating your intention to this effect.
You are under an obligation to take reasonable care of any goods or products whilst these are in your possession. When making a return you should include with the product being returned all original boxes, instructions/documents and wrappings.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within thirty (30) calendar days from the date of receipt of your notice of cancellation PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you (except for the supplementary costs arising if you choose a type of delivery other than the least
expensive type of standard delivery offered by us). The Company shall inspect any goods or products being returned in order to ensure that these are in the same condition as at the time of delivery.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event you shall not incur any fees as a result of reimbursement. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
In the event that the value of the goods is diminished by any amount as a result of handling of the goods by you beyond what is necessary to establish the nature, characteristics and functioning of the goods, the Company shall be entitled to recover the aforesaid amount by you, up to the contract price. Such an amount may be deducted from the amount to be reimbursed by reason of your right of cancellation and, where this is not possible, you shall be obliged to pay the aforesaid amount to the Company.
DELIVERY, RISK AND TITLE
Subject to availability and save for any exceptional circumstances that may impair or otherwise inhibit our ability to effect delivery of the goods or products that you have purchased through the website we will use our best endeavors to deliver the goods ordered by you to the address you give us for delivery at the time you make your order (hereinafter ‘the Delivery Address’). Delivery will be made as soon as possible after your order is accepted by sending the Billing Invoice, and in any event within thirty (30) days from the date of receipt of the Billing Invoice. For the purposes of the present Terms and Conditions of Use ‘delivery’ of the goods or products that you have purchased through the site shall be deemed to have taken place upon signing for receipt of the goods or products at the delivery address in which case you shall be deemed to have acquired actual physical possession of such goods or products.
Title in the goods you have ordered shall pass on to you upon receipt by the Company of confirmation of payment of the full purchase price in respect of such goods or products including V.A.T. and any delivery charges applicable, or upon delivery at the Delivery Address, whichever is the later. The risk in respect of such goods or products purchased through the website shall pass to you upon such delivery taking place in which case the goods will be held at your own risk and the Company shall not be liable for their loss or destruction.
NON-DELIVERY, RETURNS AND EXCHANGES POLICY
If you notify us of a problem in respect of delivery of damaged or defective goods or non-delivery, our only obligation will be, at your option:
• to make good any shortage or non-delivery;
• to replace or repair any goods that are damaged or defective; or
• to refund to you the amount paid by you for the goods in question using the same means of payment you used for the initial transaction.
In case any good or product purchased through the website is defective or damaged you must immediately proceed to inform the Company via our web form, providing details of the alleged damage or defect. Any goods being returned by reason of not conforming to the contract shall be inspected by the Company and you shall be informed of your right to a replacement, or refund (if applicable) via the email address that you have provided when placing your order. You shall be
reimbursed in full in respect of any sums that you have paid pertaining to a defective or damaged product, using the same means of payment that you used for the initial transaction.
You may make a return of any goods or products purchased through the website. In the event that you elect to make a return you shall bear the corresponding delivery costs.
Any goods being returned must be returned without delay and in any event no later than thirty (30) days of receiving your order (just make sure your items are in the original condition).
Please note that our exchange policy only applies in respect of identical goods or products purchased through the website of different color or size.
In the unlikely event that an item is returned to us in an unsuitable condition, we may have to send it back to you.
If you have any doubts in respect of our returns policy you may contact us through our web form.
PRICE, BILLING AND PAYMENT
The prices payable for goods that you order are as set out in our website and are inclusive of V.A.T, but exclude delivery charges/costs. You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
Notwithstanding the Company’s best endeavors to provide accurate and reliable information in respect of goods or products displayed on the website, it is possible that, from time to time, the quoted prices on display may be incorrect and/or erroneous. As soon as any such error pertaining to the quoted price of any goods or products that you may have ordered comes to the Company’s attention, the Company shall immediately proceed to notify you of the error, in which case you shall be entitled to:
• reconfirm the order at the correct price; or
• cancel the order in which case you shall be entitled to a full refund of any monies that you may have paid. Please note that your order will be treated as cancelled in case the Company is unable to contact you.
The Company shall be under no obligation to sell the product(s) to you at the incorrect (lower) price (even where a Billing Invoice has been sent) if the pricing error constitutes an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such.
In order to proceed with purchase of the goods or products that you have selected to be added to your shopping cart you will be asked to go through the checkout process using the following steps:
• Once you click on the ‘Add to Cart’ button, the product in question shall be added to your cart along with any other goods or products that you may have selected to be added to your cart.
• You may edit or remove products that you have selected by clicking on the ‘View Cart’ button, in which case you shall be redirected to a page showing all the products appearing on your cart.
• Once you are satisfied that all the products that you wish to purchase have been added to your cart, click on the ‘Check Out’ button, where you will be asked to complete the ‘Billing Details’ form (see attachment) and the ‘Your Order’ form (see attachment), where you can proceed with the purchase via Visa, MasterCard or American Express through PayPal. The placing of an order for any good or product via the Company’s website is accompanied by a corresponding obligation of payment.
Cards are subject to validation by your Card issuer. The Company accepts no liability for any delay or non-delivery in the event that the required authorization is not received.
Where any proposed transaction on the Company’s website, is determined by the Company, at its absolute discretion, as a ‘high-risk transaction’, the Company may require you to provide a copy of your valid government-issued photo identification, and, in certain cases, a copy of a recent bank statement for the credit/debit card used for the purchase.
The Company may, at its absolute discretion, place a limit on, or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
CANCELLATION BY THE COMPANY
We reserve the right to cancel the contract between us in the event that:
• we have insufficient stock to deliver the goods you have ordered;
• we do not deliver to your area; or
• one or more of the goods you ordered was listed at an incorrect price due to typographical error or an error in the pricing information received by us from our suppliers.
If we elect to exercise our right to cancel your contract we will notify you by e-mail and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event no later than thirty (30) calendar days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any failure to deliver goods or products you have ordered through the website or any delay in doing so or for any damage or defect to goods delivered that is caused by any event, circumstance, act, non-happening, omission or accident beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, civil commotion, breakdown of systems or network access, flood, tempest, fire, earthquake, explosion or accident.
Any patent, trademark, copyright, registered design or other intellectual property right in all material or content supplied to you as part of the website pursuant to these Terms and Conditions or under any contract entered into between you and the Company shall remain the property of the Company or the Company’s licensors. The intellectual property rights in the website and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content or material without our, or our licensor’s express prior permission. This does not prevent you from using this website to the extent necessary to make a copy of any order or contract details.
NOTICES AND WRITTEN COMMUNICATIONS
For the purposes of any contract or agreement entered into between you and the Company, communication will mainly be electronic. You hereby acknowledge and agree that any communication of information to you required by applicable laws to be in writing in the context of any such contract
or agreement, shall be communicated to you via e-mail and you consent that such communication shall comply with any such legal requirement.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be communicated via our web form. Notices from us to you may be displayed on our website from time to time, or, alternatively, we may seek to contact at either the email or postal address that you provided in the course of placing your order on the website.
The present Clause does not affect your statutory rights when dealing as a consumer.
The contract between you and the Company shall be binding on you and the Company and its respective heirs, legatees, executors, legal representatives, successors and assigns. Your rights and obligations arising under any agreement between you and the Company may not be transferred, assigned or otherwise disposed of unless with the prior express written consent of the Company. The Company may at any time transfer, assign or otherwise dispose of its rights and obligations emanating under any agreement or contract as between you and the Company, to the extent that any such transfer, assignment or disposal of rights and obligation does not purport to limit any warranty, guarantee or right provided to you by virtue of any contract entered into between you and the Company or has the effect of limiting or extinguishing your statutory rights as a consumer.
No failure or delay by the Company in exercising any right, power or privilege under these Terms and Conditions of Use or under any contract for the purchase of products through the website shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in these Terms and Conditions of Use are cumulative and not exclusive of any rights and remedies provided by law.
No waiver by the Company of any of these Terms and Conditions of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the paragraph on notices hereinabove.
If any provision of these Terms and Conditions of Use or any clause of any contract for the purchase of products through the website is prohibited by law or judged by a court or any other competent authority to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions of Use or of any contract for the purchase of products through the website.
These Terms and Conditions of Use and any document expressly referred to in them together with our current website prices, delivery details, contact details and Privacy Statement, contain, represent and set out the whole of our agreement relating to any contract entered into for the supply of the goods to you by us, and supersedes and replaces any prior written or oral agreements,
representations or understandings between you and the Company relating to such contracts for the supply of goods. Both you and the Company confirm and acknowledge that any such contract was not entered into on the basis of any representation, undertaking or promise that is not expressly incorporated into these Terms and Conditions of Use. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
VARIATION OF THESE TERMS AND CONDITIONS
Any variation of these Terms and Conditions of Use shall be inapplicable unless agreed in writing by the Company. We may make changes to these Terms and Conditions of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms and Conditions of Use on the website. You can determine when we last changed these Terms and Conditions of Use by referring to the ‘LAST UPDATED’ statement hereinabove. Your use of the website following changes to these Terms and Conditions of Use will constitute your acceptance of those changes.
LAW AND JURISDICTION
The validity, construction and performance of any contract for the purchase of products through the website shall be governed by Cyprus Law and any dispute arising, or relating to such contract shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Cyprus. If you are contracting as a consumer, nothing in these Terms and Conditions of Use shall affect your statutory rights as such.
The Company would welcome your comments and feedback. If you would like to leave a comment or, make an inquiry of a general nature, or have any request for additional information in respect of our services you may contact us via email at email@example.com
Please do not hesitate to contact us should you have any questions in respect of the Company’s refund policy. In the event that you would like to submit a complaint regarding a refund request that has been declined you may contact us at the following email address firstname.lastname@example.org