These Terms and Conditions (“hereinafter T&C”) regulate the online purchase service that will allow the purchase of products and/or services offered on the website www.mark-oday.com (hereinafter “the Website”).
In compliance with article 10 of the Information Society and Electronic Commerce Services Act 34/2002, of July 11, the following identification details are given for the owner of the Web Site, PP IMPORT-EXPORT SLU., (hereinafter Mark O’Day), duly registered in the Companies Register of Andorra:
(BUSINESS NAME) PP IMPORT-EXPORT SLU
NIF: L709 505P
Address: CRT. DELS VILARS URBANITZACIÓ SANT ROMÀ 7 AD500 ESCALDES ENGORDANY
The contractual relationship involves the delivery, in exchange for a price specifically determined on this Website.
The purchase through this website involves the adherence to the T&C in the version published at the moment the user accesses the Website, which implies that the User:
- Has read and understood what is set forth in this document.
- Is a person with sufficient capacity to hire.
- Assumes to fulfill the obligations contained in the document.
The User accounts for the veracity of the data provided during the online purchase process. Likewise, in the event that the process on this Website requires the registration of the User, the User has full responsibility for the use and custody of the User name and password that is provided, responding to the acts that are performed with these. The User shall advise the provider, as soon as he or she has knowledge thereof, of the loss, disclosure or unauthorized access of a third party to his or her private registered User area.
Mark O’Day reserves the right to modify the current T&C, without affecting the products or services that have been acquired through the Website prior to such modification.OBJECT OF THE CONTRACT
ORDERS AND TERMS OF SALES
In order to make the order, the User must provide all the data required in the purchase process, which will be necessary to properly service the order.
To make purchases on the Website it is necessary that the delivery address and the billing address are located in Europe, except for the Canary Islands, Ceuta and Melilla, Switzerland and England where no shipments are made.
PAYMENT, PRICE TERMS AND DISCOUNT CODES
All prices of the products or services of the Website include VAT and any other taxes that may be applicable. In any case, the prices will be expressed in Euros (€).
The prices reflected for each product or service do not include shipping, handling, packaging, shipping insurance or any other additional service to the product or service purchased, unless expressly stated otherwise. Any of these additional costs that are applicable will be communicated to the User before formalizing the purchase.
The prices applicable to each product or service will be those published on the Website and will be applied automatically in the last phase of the purchasing process. The User assumes that the price of some of the products or services offered may vary in real time. In any case this will always be communicated prior to the formalization of the sale.
The User agrees to pay at the time of placing the order, and may pay in any of the methods of payment specified on the Website.
After the payment is made, the User will receive an e-mail confirming the order, which will include a summary of the items purchased, the requested shipping mode and the delivery address.
The use of discount codes will not be compatible with certain promotional actions and collections.
SHIPPING TIME AND DELIVERY ADDRESSES
Mark O’Day products will be delivered in perfect condition to the specified address in the form completed by the User.
Mark O’Day assumes no responsibility if the orders’ delivery is unsuccessful as a result of the false, inaccurate or incomplete data provided by the User.
Mark O’Day will take all necessary measures so that delivery can be done within the agreed time limits. Mark O’Day considers the payment confirmation as a necessary condition for maintaining the delivery schedule. However, time limits indicated in the website are estimations and may vary because of logistics reasons or other major matters.
Shipping Times can be check in the purchase process as well as in the FAQ section of the Website.
The delivery is considered complete from the moment in which Mark O’Day or the hired carrier company makes the product available to the user.
WARRANTIES AND REPAIRS
All Products contained on the Web Site are original Mark O’Day products. All Products have a 1-year warranty in accordance with the criteria and conditions described in Legislative Royal Decree 1/2007, of 16 November, approving the consolidated General Act on Consumer and User Protection and other complementary laws.
1. – They adhere to the description given by Mark O’Day and possess the qualities of the Product that Mark O’Day has presented to the User as a sample or model.
2. – They are suitable for the uses normally given to Products of the same type.
3. – They are suitable for any particular purpose required by the User when this has been reported to Mark O’Day, provided that Mark O’Day has accepted that the product is suitable for such use.
4. – They have the usual quality and performance of a product of the same type that may be expected by the User, given the nature of the item.
This warranty will be valid only when proof of purchase (indicating the purchase date, model, and the dealer’s name) is sent together with the defective product during the period covered by the warranty. Mark O’Day reserves its right not to provide free warranty service if the documents mentioned are not submitted or if the information that they contain is incomplete or illegible.
Once the warranty expires, repairs are subject to a service charge.
LIMITATIONS ON THE WARANTY
This warranty does not cover any of the following situations:
a) Defects and damage due to loss, theft, fire, water, or natural disasters
b) Malfunction or damage caused by unsuitable use or carelessness (knocks, crushing, denting, breaking of the glass, etc.) or accidents
c) Defects and damage due to normal wear and tear
In case of defective products, you should contact email@example.com within 14 days of receiving your order and send us an image that shows the defect clearly, and we will try to verify that the product is really defective.
If you have to send the product to the warehouse, Mark O’Day will assume the shipping costs. Once it has been verified that the product in question is defective, the refund or exchange for the user concerned will take place.
If you receive a shipment that does not correspond to what you purchased, you should contact info@mark- oday.com within 14 days of receiving your item and send us an image showing everything that you received together with the respective references on its box and the payment and shipment vouchers. We will provide you with a solution once the content has been verified.
If you have to send the product to the warehouse, Mark O’day will assume the shipping costs. Once it has been verified that there was a mistake in the shipment, the refund or exchange for the user concerned will take place.
The product must not have been used and must be in its original box with the case and any label that accompanied it.
CHANGES TO YOUR ORDER OR RETURNS
To make any changes or returns to your order, the product needs to be sent back to Mark O’Day offices. The deadline for any change or return is 14 days from when the order was received. The product must not have
been used and must be in its original box with the case and any label that accompanied it. The shipment cost will be assumed by the customer.
Contact us at the e-mail address firstname.lastname@example.org to receive more instructions on how to handle a return.
DEADLINE TO RECEIVE A REFUND
Once the package has been returned to our office, it is processed before we proceed to the approval of said refund. The product must have been sent to our office within 14 days of when the order was received, it must not have been used, and must be in its original box with the case and any label that accompanied it.
If your return is approved, a complete refund for the price of the merchandise will be issued within 7 working days and you will be notified of the transaction by e-mail. Once the refund has been issued, you can expect it to be in force within 5-10 working days.
USAGE OF THE WEBSITE
The Website provides access to Internet content belonging to Mark O’Day to which the User may have access. The User assumes responsibility for the use of the portal. Such responsibility extends to any registration that is necessary to access certain services or contents. In such registration, the User will be responsible for providing truthful and lawful information.
The User agrees to make an appropriate use of the contents and services that Mark O’Day offers through its Website and, by way of illustration but not limited to, to not use them to (i) engage in illegal, illegal or anti- bona fide activities and public order; (ii) to disseminate any racist, xenophobic, pornographic-illegal, terrorist apology or human rights violation contents; (iii) to cause damage to Mark O’Day’s physical and logical systems, its suppliers or third parties, to introduce or disseminate on the network computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages; (iv) attempt to access and, where appropriate, use the email accounts of other Users and modify or manipulate their messages. Mark O’Day reserves the right to withdraw all comments and contributions that violate the respect to dignity, that are discriminatory, xenophobic, racist, pornographic, that attack against youth or children, order or public safety or that in their view, would not be adequate for publication.
PERSONAL DATA PROTECTION
Mark O’Day complies with the guidelines set forth in Organic Law 15/1999 of 13 December of Personal Data Protection, in the Royal Decree 1720/2007 of 21 December, which approves the Regulations for the development of the Organic Law and other enforceable regulations, and ensures the correct use and treatment of the User’s personal data. To that end, together with each form of personal data collection for the services that the User may request from Mark O’Day, Mark O’Day will inform the User of the existence and acceptance of the particular conditions of the treatment of the User’s data in each case, informing the User of the responsibility of the file created, the address of the person responsible, the possibility of exercising their rights of access, rectification, cancellation or opposition, the purpose of the data collection and the communications or data transfers to third parties when appropriate. Mark O’Day also informs that it
complies with Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce and will request your consent to the processing of your email for commercial purposes at any time. INTELLECTUAL AND INDUSTRIAL PROPERTY
Mark O’Day owns all intellectual and industrial property rights of its Website, as well as the elements contained therein (including images, sounds, audio, video, software or texts; trademarks or logos, combinations of colors, structure and design, selection of materials used, all computer programs necessary for its operation, access and use, etc.), owned by Mark O’Day or its licensors. All rights reserved. In accordance with the provisions set forth in articles 8 and 32.1, second paragraph, of the Intellectual Property Law; the reproduction, distribution and public communication, including its modality of making available, of all or part of the contents of this website, for commercial purposes, in any vehicle and by any technical means, without the express authorization of Mark O’Day.
WARRANTY AND RESPONSIBILITY EXCLUSION
Mark O’Day cannot be held liable in any way for damages of any nature that could cause, for example: errors or omissions in the contents, unavailability of the portal or the transmission of viruses or malicious or harmful programs in the content, despite having taken all necessary technological measures to avoid it.
Mark O’Day reserves the right to make any modifications it deems appropriate in its portal without prior notice, being able to change, delete or add both the contents and services provided through it and the way in which they appear presented or located in your portal.
Mark O’Day can modify at any time the conditions determined here, being duly published as they appear here. The validity of the mentioned conditions will depend on their exposure and will be enforceable until they are substituted by a new published version.
LINKS AND HYPERLINES
In the event that links or hyperlinks to other websites are available on Mark O’Day’s Website, Mark O’Day will not exercise any control over said sites and contents. In no case will Mark O’Day assume any responsibility for the contents of any link belonging to a third party’s website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, validity and constitutionality of any material or information contained in any of the said hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
Mark O’Day will pursue the breach of these conditions as well as any improper use of its portal by exercising all civil and criminal actions that may correspond to in law.
If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect. APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by and will be construed in accordance with the laws of the city where the Company has its registered office, in this case, La Massana, Andorra.
The parties agree to submit to the jurisdiction of the courts of the customer’s State if there is any kind of dispute or conflict. However, in the case that the customer is a Company, parties agree to submit to the jurisdiction of the courts of Andorra.