MARKETIMA TERMS AND CONDITIONS
Scope
Welcome to marketima.com (the “Site”). The Site is owned by and operated by or on behalf of MSA Ltd,
a
Germany company (collectively “MSA”, “us”, “we” or “our”). MSA provides you with access to this Site
features to you subject to the following conditions. Please read these terms and conditions (“Terms”
or
“Agreement”) carefully as they apply to your use of the Site generally as well as when you register
to
create an account or purchase products through the Site without creating an account. By visiting
this
Site you accept these Terms. If you do not agree to these Terms, then please do not use the Site and
feel free to contact us via our phone number for any questions or purchases.
Site License
We grant you a limited license to access and make personal use of this Site and not to download
(other
than page caching) or modify it, or any portion of it, except with our express written consent. This
license does not include any resale or commercial use of this Site or its contents; any collection
and
use of any product listings, descriptions, or prices; any derivative use of this Site or its
contents;
any downloading or copying of account information for the benefit of another merchant; or any access
for
or use of web scraping, data mining, robots, or similar data gathering and extraction tools. This
Site
or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without our express written consent. You may not
frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary information
(including
images, text, page layout, or form) of marketima.com without express written consent. You may not
use
any meta tags or any other "hidden text" utilizing our name or trademarks without the express
written
consent of MSA. Any unauthorized use terminates the permission and license we have granted. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of
marketima.com so long as the link does not portray MSA, or its products in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or
trademark as part of the link without express written permission. Free Delivery and other offer
order
codes remain the property of MSA, are non-transferable and may not be reproduced in any form or used
in
conjunction with any other offer.
You are prohibited from violating or attempting to violate the security of the Site, including,
without
limitation, (a) accessing data not intended for such user or logging onto a server or an account
which
the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of
a
system or network or to breach security or authentication measures without proper authorization; or
(c)
accessing or using the Site or any portion thereof without authorization, in violation of these
Terms of
Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access
or
copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion
headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. MSA will
investigate
occurrences that may involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations. You agree not to use any
device,
software or routine to interfere or attempt to interfere with the proper working of this Site or any
activity being conducted on this Site.
Application and Account Details
If you use this Site and create an account, you are responsible for maintaining the confidentiality
of
your account and password and for restricting access to your computer You agree to accept
responsibility
for all activities that occur under your account or password. If you are under 18, you may use
marketima.com only with involvement of a parent or guardian. MSA reserves the right to refuse to
sell or
deliver to any individual or company, to refuse service, terminate accounts, remove or edit content,
or
cancel orders in our sole discretion. An electronic copy of each order is held by MSA but will not
be
accessible to you. All orders will be concluded in the English language. We may contact you for
market
research purposes. Please consult our Privacy Policy for a description of our privacy practices and
policies, and how we collect, use and share your personal information.
Mailing List
We may combine your information with information we collect from other companies and use it to
improve
and personalize our services, content and advertising. This may also be done on a reciprocal basis.
From
time to time, we make portions of our mailing list available to carefully screened companies. If you
do
not want your name and mailing list made available or no longer choose to receive a MSA catalog or
wish
to alert us to duplicate mailings, please call toll-free or email us at [email protected] MSA is
committed to respecting your privacy. To review our privacy policy, please visit marketima.com.
Shipping And Risk Of Loss
Delivery to the shipping address you indicate on any order is calculated during the checkout
process.
Each order will usually be shipped from our location within 3-4 working days via Carrier DPD/Aramex
(incountry), subject to availability of the products you have ordered. All items that you purchase
from
us are made pursuant to a shipment contract. This means that the risk of loss and title for such
items
pass to you upon our delivery to the carrier. Please allow extra days for local holidays, Germany
national holidays, weekends and sale time. MSA reserves the right to amend or change the free
delivery
offer at any time, but we promise to notify customers at least 14 days in advance.
Offers/Sale/Black Friday Terms And Conditions
**Offers and promotions are available on selected styles only. All Sale/Marked Down items are
subject to
availability. During busy periods, we may restrict the number of items you can add to your shopping
bag.
When this happens, you will have the opportunity to remove items and complete your order. See
Frequently
Asked Questions for further help and information. During sale periods please allow extra time for
your
delivery.
Returns And Refunds
Local Newgistics Returns
You can now return any unused items within 28 days of receipt for a refund (provided the items are
in a
new and unused condition) via post using the Newgistics returns label enclosed in your parcel. Drop
your
package in the US Mail wherever it’s most convenient: at home, at work or at your local post office.
If
you prefer, you can arrange a USPS collection from your address (where available) by scheduling a
‘carrier pickup’ at www.usps.com. Once your return is processed, $7 will be deducted from your
refund.
Please allow 14 working days for your refund to process.
Postal Returns
Alternatively, if you do not wish to use the above services you can return via post using the
returns
label on the reverse of the delivery note. Postage must be paid by the sender and will not be
refunded
by MSA (this does not affect your statutory rights) All postal returns should be sent to
MSA
Stendaler Str 18A
10559 Berlin
Germany
Note if you do not return the item within the time specified we may retain the item(s) and/or not
refund
at all or refund the current or last selling price. All cosmetics, food supplements, grooming
products
and certain jewelry can only be returned if found to be faulty. Where a product has a security seal,
a
refund will not be given if the seal is broken unless it is faulty.
MSA reserves the right to amend or change its returns and refunds policy at any time, so please
check
our Returns Information frequently.
Any Problems
If you are dissatisfied in any way with your order or have a query relating to delivery please call
us
toll-free at 4915735983770 (Lines are open: 24 Hours, 7 Days Week) or email us at [email protected]
Prices
The prices quoted are those ruling at the time of production. Due to circumstances beyond our
control
prices may have to be altered up or down, including any alterations with respect to shipping
internationally. We cannot confirm the price of an item until you order. We will process payment for
the
full amount on confirmation of your order.
Despite our best efforts, items in our catalog may be mispriced. In the event a product is listed at
an
incorrect price, we shall have the right to refuse or cancel any orders placed for the product
listed at
the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit or debit card charged. If your credit or debit card has
already
been charged for the purchase and your order is canceled, we shall immediately issue a credit to
your
credit or debit card account in the amount of the incorrect price.
If for this, or any other reason, an item is not acceptable, it may be returned providing it is sent
back within 28 days of receipt and is in new, unused condition. Certain products cannot be returned.
See
Returns Information for details. All prices shown are cash prices in US dollars, GBP or EUR. We
reserve
the right to accept or reject orders at any time.
Availability
All orders for products are subject to availability. In the event of supply difficulties we reserve
the
right to substitute items of equal quality and value. You will be notified of such substitutes when
you
place your order.
Product Descriptions
MSA attempts to be as accurate as possible. However, we do not warrant that product descriptions,
sizes,
colors, styles or other content of this Site is accurate, complete, reliable, current, or
error-free. We
have made significant efforts to accurately display the colors of our products that appear on the
Site.
However, as the actual colors you see will depend on your monitor, we cannot guarantee that your
monitor's display of any color will be accurate. If a product you purchase is not as described, your
sole remedy is to return it in unused condition. See Returns Information for additional information.
Copyright And Trademarks
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of MSA or its content suppliers
and
protected by United States and international copyright laws. The compilation of all content on this
Site
is the exclusive property of MSA and protected by U.S. and international copyright laws. All
software
used on this site is the property of MSA or its software suppliers and protected by United States
and
international copyright laws.
Credit Card Payments
We are unable to accept credit, debit, and AMEX cards that are due to expire within the next FIVE
Days.
We can only accept credit or debit cards that are registered to the delivery address.
Card details are checked and verified by a third party and goods are shipped once authorization has
been
obtained. In the event of a breach of security by you, you will remain liable for any unauthorized
use
of your credit card until you update your information.
You are entirely responsible for any and all activities which occur under your user account.
You represent and warrant that if you are making online payments that
any credit card, debit card and bank account information you supply is true, correct and complete
charges incurred by you will be honored by your credit/debit card company or bank
you will pay the charges incurred by you in the amounts posted, including any applicable taxes,
and
you are the person in whose name the card was issued and you are authorized to make a purchase or
other transaction with the relevant credit card and credit card information.
Please note that if you pay by credit, debit or AMEX cards you may be charged a fee by your card
issuer.
Customs Fees
You will be responsible for assuring that any products you order comply with state and federal
government import regulations. In particular please note that all shipments to destinations outside
of
the Germany may be subject to import duties and taxes, which are levied by the importing country at
the
time the shipment arrives in your country. All applicable duties, fees and any additional charges
for
customs clearance are your, our customer’s, responsibility.
Links To Other Sites
MSA makes no representations whatsoever about any other website that you may access through this
Site.
When you access a non- MSA website, please understand that it is independent from MSA, and that MSA
has
no control over the content on that website. In addition, a link to a non- MSA website does not mean
that MSA endorses or accepts any responsibility for the content, or the use, of the linked website.
It
is up to you to take precautions to ensure that whatever you select for your use or download is free
of
such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide
to
access any of the third party websites linked to this Site, you do this entirely at your own risk.
Disclaimer Of Warranties And Limitation Of Liability
This site and all information, content, materials, products and services included on or otherwise
made
available to you through this site are provided by MSA on an "as is" and "as available" basis,
unless
otherwise specified in writing. MSA makes no representations or warranties of any kind, express or
implied, as to the operation of this site or the information, content, materials, products or
services
included on or otherwise made available to you through this site, unless otherwise specified in
writing.
you expressly agree that your use of this site is at your sole risk. to the full extent permissible
by
applicable law, MSA disclaims all warranties, express or implied, including, but not limited to,
implied
warranties of merchantability and fitness for a particular purpose. MSA does not warrant that this
site;
information, content, materials, products or services included on or otherwise made available to you
through this site; their servers; or e-mail sent from MSA are free of viruses or other harmful
components.
MSA will not be liable for any damages of any kind arising from the use of this site or from any
information, content, materials, products or services included on or otherwise made available to you
through this site, including, but not limited to direct, indirect, incidental, punitive, and
consequential damages, unless otherwise specified in writing. certain state laws do not allow
limitations on implied warranties or the exclusion or limitation of certain damages. if these laws
apply
to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and
you
might have additional rights. to the extent any aspects of the foregoing limitations of liability
are
not enforceable, the maximum liability of company to you with respect to your use of this site or
any
products sold by MSA is the lesser of (a) the purchase price for the product causing such liability
and
(b) $500 (five hundred dollars u.s.).
warranties relating to products offered, sold and distributed by MSA are subject to separate
warranty
terms and conditions, if any, provided with or in connection with the applicable products.
The foregoing paragraph shall not apply to residents of New Jersey. With respect to residents of New
Jersey, MSA or its employees, directors, officers, or agents shall not be liable for any losses or
damages arising out of or in connection with your use of or inability to use the site, or any
materials
therein unless such damages or injuries are the result of MSA’s negligent, fraudulent or reckless
acts
or intentional misconduct.
Governing Law And Jurisdiction
By visiting marketima.com, you agree that the laws of Germany, without regard to principles of
conflict
of laws, will govern this Agreement and any dispute of any sort that might arise between you and
MSA.
All actions and proceedings arising out of or related to this Agreement, any products (including
personal injury and product liability claims) or your use of the Site shall be brought in the state
or
federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.
Privacy And Other Policies
Please review our other policies, such as our Privacy Policy, posted on this Site. These policies
also
govern your visit to marketima.com.
Modifications
We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of
these
conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any remaining condition.
Electronic Communications
When you visit marketima.com or send e-mails to us, you are communicating with us electronically.
You
consent to receive communications from us electronically. We will communicate with you by e-mail or
by
posting notices on this Site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
Voucher Coupons Or A Percentage Off At marketima.com
The offer is valid for orders over the minimum value stated in your communication.
The offer is valid until the expiry date shown on your communication.
The offer can only be activated once the voucher Coupon has been registered at marketima.com. A
voucher
Coupon can only be registered once.
The offer can only be used for purchases made online at marketima.com. It is not valid for telephone
transactions. Redemption of the offer involves registering at marketima.com.
The offer is only valid on introductory orders with marketima.com for new customers only. One
voucher
Coupon per customer only.
If the order is returned, the value of the offer is non refundable.
The voucher Coupon cannot be exchanged for cash. No change or refund will be given.
MSA cannot accept responsibility for the loss of your voucher Coupon. It will not be replaced or its
value refunded if this happens.
Offer is open to residents of selected countries that are over 18 years old only.
MSA reserves the right to amend these terms and conditions and/or discontinue the offer at any time.
Your statutory rights are not affected.
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