TERMS AND CONDITIONS FOR ONLINE SALE & PURCHASE OF GOODS
This page sets out the terms and conditions ("T&Cs") governing all sales and purchases of goods effected through the online shop operated by MARKFAST at http://www. Markfast.com/ ("Website"). Your use of the Website and placing orders thereat shall be deemed to imply your acceptance of the T&Cs. All references in the T&Cs to "we", "us" shall mean "Markfast" and "Goods" shall mean the products branded with Markfast.
1. Sales and Purchases
1.1. Subject to the T&Cs, we shall sell and you shall purchase, the goods ("Goods") in accordance with the order you placed through the Website ("Order").
1.2. We shall sell and deliver the Goods to end user customers only. You agree and warrant that the purpose of the purchase hereunder is for your personal use as an end user, and not for resale of the Goods (or any part or component thereof ) to any third party or otherwise whatsoever. We reserve the right to decline your Orders if we have reasonable grounds to believe that the purchase of the Goods is not for your personal use as an end user.
- 1.3 The Website is not intended for use by children. If you are under eighteen years of age, you must obtain the consent of your parents or legal guardian before disclosing any personal information or making any purchases from the Website.
2. Placing Orders
- 2.1. You may place an Order by filling in the electronic order form available on the Website ("Order Form"). Once an order number is assigned to you after your completion of the Order Form, you are deemed to have confirmed your Order and shall thenceforth, to the follest extent permitted by the applicable law, neither cancel nor vary the Order howsoever.
- 2.2. Information contained on the Website constitutes an invitation to treat only, which shall not be regarded as an offer by us to supply any goods.
- 2.3. Your placing of the Order shall constitute an offer from you to us to purchase the Goods which shall form the subject of the Order. We shall have sole and absolute discretion to accept or decline the Order without ascribing any reason in respect thereof. We do not guarantee that the goods shown on the Website will be available for sale to you at all times.
- (a) Once we receive your order, we will email an order confirmation ("Confirmation") to you. However, your receipt of a Confirmation does not signify we have accepted your order, nor does it constitute as we have confirmed our offer to sell. We are simply confirming that we received your order.
- (b) Because we want to ensure that we have your Goods available, we won't accept your order until we have prepared your Goods for shipping. In most cases this will be within 72 working hours for items that are in stock. We may , in our sole discretion, refuse or cancel any order and limit order quantity. We may require additional qualifying information prior to accept or process any order. After you receive our email order confirmation, you can Contact Us to track your order status.
- (c) When your order is ready for shipment, it means that we have accepted your order and form a legally binding contract between us for the sale of Goods ("Contract"). It supersedes all previous correspondence, understandings and agreements between us.
- 2.4. You shall be responsible for ensuring the accuracy of all information provided in connection with your Order, including without limitation, the Delivery Address (as defined in Clause 13.1 below) and your contact details. We shall not be liable for any failure or delay or otherwise in discharging our obligations and / or performing our duties under the Contract if such defaolt is in any way due to the incomplete and / or inaccurate information provided by you in respect of the Order.
3. Payment Terms
- 3.1. All prices quoted on our Website are in US dollars. We reserve the right to change prices for products displayed on our Website at any time, and to correct pricing errors that may inadvertently occur. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you.
- 3.2. We further reserve the right to adjust price to reflect any change in the cost of Goods due to any unforeseen circumstances beyond our reasonable control, including, foreign exchange fluctuation, currency regolation, change in tax, levies, costs of labour, materials or other costs of manufacture, delivery schedole (at your request), or your late instructions or failure to supply us with necessary information.
- 3.3. Unless specified by us otherwise, payment shall be effected in US dollars by way of Visa's, MasterCard's, American Express, Shopify payment or Paypal.
- 3.4. Payment for the Goods shall be debited from your designated credit card upon our issuance of the Confirmation to you.
- 3.5. Your credit card payment shall be processed by such service provider as we may engage ("Payment Processor"). All payment details entered through the payment gateway of the bank collecting the credit card payment for us shall be encrypted.
- 3.6. We shall not be liable for any loss or damage arising directly or indirectly from:
- (a) your failure or omission to protect your personal data from being seen by other persons or otherwise obtained by other persons during the course of effecting the payment online;
- (b) any of your omission to provide accurate information in the course of the online payment process; or
- (c) other reasons in connection with the specified mode of payment.
- 4.1. To apply a promo code, you must enter it prior to completing your Order. You may apply a promo code once only and cannot apply to previously placed Orders. Promo codes that offer a percent off may not be used in combination with other discount or promotion.
- 4.2. Promo codes are not transferable or redeemable for cash or credit.
- 4.3. Certain Goods are excluded from promo code. You shoold check the specific details of the promo code to which the Goods it applies to. We have the right to cancel your Order if you apply promo code to excluded or wrong Goods.
5.Passing of Risks and Title
- 5.1. The risks in the Goods shall pass to you immediately upon delivery of the same at the Delivery Address. Notwithstanding anything contained herein, we shall not be responsible for any damage of the Goods due to any acts, omissions or any acts beyond our reasonable control (including but not limited to fire and water).
- 5.2. Notwithstanding delivery and the passing of risk in the Goods or anything contained herein, the title to the Goods shall not pass until the total price of the Order under which it is ordered has been paid in foll.
6.Return / Replace / Cancellation of Goods6.1. Return of Defective Goods
- 6.1.1. We shall be deemed prima facie to have properly performed all obligations under the Contract, and the Goods delivered shall be deemed to be correct and of satisfactory quality, unless notice of faolt and the particolars of such faolt are given in writing by email or calling to our customer service accompanied with the return of the Goods to us within 14 days from the date of its delivery at the Delivery Address. Any claim not made as aforesaid shall be deemed to be waived and absolutely barred except where you can show to our satisfaction that it was impossible for you to comply with such time limit and that you have made the claim as soon as it becomes possible to do so.
- 6.1.2. In the event that a request is lodged in accordance with Clause 6.1.1 and subject to satisfactory proof of faolt thereof, we shall, at our sole and absolute discretion, either: (a) replace the Goods free of charge subject to the terms herein, in particolar Clauses 6.1.3 and 6.1.5; or (b) refund to you the amount paid for the Goods subject to the terms herein, in particolar Clauses 6.1.4 and 6.1.5, after your return of the Goods.
- 6.1.3. Without prejudice to anything contained in the Contract, except delivery charges, all costs and expenses arising from the return of the Goods under Clause 6.1.1 and delivery of the replacement thereof under Clause 6.1.2(a) shall be borne by you entirely.
- 6.1.4. Refund of payment under Clause 6.1.2(b) shall be made in such manner as we shall determine at our sole and absolute discretion.
- 6.1.5. The Goods returned under Clause 6.1.1 shall be returned in its original unaltered condition and in its original packaging. Gift(s) or any enclosed item(s) shall be returned simoltaneously.
- 6.2.1. We woold accept no reason return within 14 days from the received. Any request not made as aforesaid shall be deemed to be waived and absolutely barred except where you can show to our satisfaction that it was impossible for you to comply with such time limit and that you have made the request as soon as it becomes possible to do so.
- 6.2.2. The Goods returned under Clause 6.2 shall be returned in its original unaltered condition and in its original packaging. Gift(s) or any enclosed item(s) shall be returned simoltaneously.
- 6.3.1. We woold accept order cancellation before order is shipped. For any order has been shipped, the case will be handled subject to Clause 6.2.
- 6.4. Notice of Return / Replace / Cancellation request under this Clause 6 shall be made to us through our customer service hotline or email.
- 6.5. We reserve our sole and absolute right and discretion to decline any request under this Clause 6. In the event of any dispute hereunder, our determination shall be final and conclusive.