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Terms & Conditions
These mario-trade.com Terms and Conditions consist of the following sections in this document: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.
www.mario-trade.com (the "Website") is owned by and/or operated by or on behalf of Mario Trade Elektronik Hiz. Tekstil ve Ticaret Ltd Sti , Adnan Kahveci Mah. YSS Bulvari No:7/59 Istanbul / Turkey
If you place an order through this Website, upon confirmation that such order is accepted a sales contract will be executed between you and us, which will be governed by these Mario Trade Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the Mario Trade Website. Please, note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 When do these Purchase Terms apply?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by Mario Trade. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from Mario Trade. It is only possible to deviate from these Purchase Terms if agreed in writing by Mario Trade.
2.2 Requirements to conclude a contract with Mario Trade
You have to be 16 years of age or older to buy Products via the Website.
You can only order on the Website if you are a consumer, not a reseller.
You guarantee that the information you provide to Mario Trade in the request or order is accurate and complete.
2.4 How is a contract concluded with you?
2.4.1 Formation of contract related to Standard Products
All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
Mario Trade is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If Mario Trade does not confirm acceptance of your order within ten working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by Mario Trade. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
If Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services, except when your order relates to Customised Products as indicated in section 2.4.2 below. Acceptance of your order and the formation of a contract of sale of the Standard Products between you and Mario Trade will not take place unless and until either:
You receive an e-mail from Mario Trade which confirms the shipping of the Standard Products from our warehouse;
2.4.2 Formation of contract related to Customised Products:
Once you have placed your order for Customised Products (including Mi Mario Trade Products), we will send you an order confirmation email. Acceptance of your order and the formation of a contract of sale of the Customised Products between you and Mario Trade will take place when you receive the order confirmation email from us.
2.5 Retention of title
All Products will remain the property of Mario Trade until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 Quality and maintenance of Products
Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Mario Trade is not liable for these variations and deviations.
Mario Trade draws your attention to the washing and maintenance instructions printed on the labels of the Products. Mario Trade is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.7 Order Cancellation
Because we start to process your order as soon as it is submitted, it is not possible to cancel your order.
The stated prices include VAT. Prices are quoted in EUR. Mario Trade reserves the right to make price changes prior to an order placed by you.
Mario Trade reserves the right to change, limit or terminate any special offers or discounts at any time.
Mario Trade charge delivery costs. The delivery costs vary for each Product and type of delivery. Where applicable delivery may be “Express delivery”; “Standard delivery
2.9 Methods of payment
Mario Trade accepts the folowing payment methods:Mastercard, Visa , Maestro , Giropay, Sofortbanking, Banktransfer
Where we elect, or are required by applicable law, to issue or make available an invoice, Mario Trade reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
Mario Trade will deliver to the address indicated by you. Mario Trade can only deliver to a home or office address.
Deliveries will be done on business days, not being a public holiday in your. Therefore, please, take into account anypublic holidays including any national, provincial and/or local holidays in your country. Note that public holidays may vary per country and per year.
Mario Trade is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that Mario Trade delivers in parts, Mario Trade may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If Mario Trade is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
In the unlikely event that after entering into the sales contract, Mario Trade can no longer deliver your Products and is not responsible for this situation, Mario Trade will be entitled to terminate the sales contract. Mario Trade will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.13 Your right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The withdrawal period shall be seven days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the goods or (in the case of a contract for multiple goods that you have ordered in the context of a single order and which are being delivered separately) the final delivery of partial goods or (in the case of a contract for the delivery of an item consisting of multiple partial deliveries or items) the last partial delivery or the last item.
To exercise your right of withdrawal you must inform us by sending an email to email@example.com stating your decision to withdraw from this contract.
To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments we received from you, including delivery charges (with the exception of the additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us), immediately and at the latest within fourteen (14) days from the date on which the notification of withdrawal of this contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. We may withhold reimbursement until we have received the returned goods, or until you have submitted proof that you have returned the goods, whichever comes earlier.
You only have to pay for any diminished value of goods if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the goods.
Exceptions to your right of withdrawal
You do not have a legal right of withdrawal for contracts regarding the:
delivery of goods that are made to your own specifications or which are clearly tailored to your personal needs; and/or
delivery of goods which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
2.7 Our voluntary return guarantee in addition to your legal right of withdrawal
Mario Trade grants you the following voluntary return guarantee (“Voluntary Return Guarantee”):
This voluntary return guarantee does not affect your legal rights (especially your legal right of withdrawal in accordance with the above provisions and your statutory warranty rights). This means that in addition to your legal statutory right of withdrawal, Mario Trade also gives you this voluntary return guarantee (in accordance with the following provisions) as a contractual right of return with respect to a standard product ordered. This voluntary return guarantee does not affect your statutory rights in any way.
If you are not fully satisfied with your Standard Product, you have the right (in addition to and notwithstanding your statutory right of withdrawal described above) to withdraw from the sales contract. In other words, you have the right to return the Standard Product as described below, and we shall ensure that you obtain a refund (as outlined below). Simply follow the guidelines explained in the following section:
Subject to the provisions of these Terms and Conditions, you may return the Standard Product received within one hundred (100) calendar days (“Return Period”) from the day you receive the Standard Product, without specifying any reasons. In order to meet the deadline, you must return the standard product to us before the deadline expires and as described below in the return guidelines under Section 2.15 of these General Terms and Conditions.
If the return arrives after the deadline has expired or the Standard Product has been used or damaged beyond normal inspection use, or is not returned in its original packaging, Mario Trade shall reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee. Returns of clothing items can only be accepted if the original label has not been removed (all the aforementioned do not affect your legal statutory rights as described above, in particular your warranty rights and your right of withdrawal.)
When returning the Standard Product, please follow the instructions on your packing slip (see the return guidelines under section 2.15 of these purchase conditions). All return packages must be shipped using the return label from the carrier or using some other form of traceable shipment.
The return of Standard Products is at Mario Trade’ risk and at Mario Trade’ expense as long as these are reasonable expenses and as long as such returns are made in accordance with section 2.15. Returns not made in accordance with section 2.15 shall be at your own risk and at your expense. The Standard Products, unused, complete and in their original packaging, as far as reasonably possible, must be returned to:
VGS Dienstleistungs GmbH
For all valid returns made in accordance with these Purchase Terms & Conditions, Mario Trade shall reimburse the purchase price and the delivery costs (in case of returned orders being complete) received from you within fourteen (14) days after receipt of the Standard Product.
The length of time your return is in transit is beyond our control, despite us processing your return immediately upon receipt. A returns processing period of at least fourteen (14) days - to receive and to process your return - must therefore be allowed. Although Mario Trade will normally refund the money within approximately two (2) days after processing a return, it may take additional time for a bank or credit card company to process a refund and for the refund to reach an account. We shall notify you via email once we have received and processed the returned Standard Product(s). We shall refund the total value of the Standard Product(s). Refunds will be made using the same type of payment as was used making the original purchase.
2.15 Return instructions for Standard Products:
To return a Product please send an email to firstname.lastname@example.org
2.16 Exchange policy
Mario Trade does not exchange Products. If you wish to exchange a Product, you will need to return your purchase for refund and place a new order. It is only possible to get a refund on returns when the return is in line with our return policy.
2.18 Damaged or defective Products
For Mario Trade, quality is paramount.
If the problem was caused by reasons other than materials quality or assembly process, the original product is returned to you. We do not refund Products:
3. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the. These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 Content on the Website
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by VGS Dienstleistungs GmbH, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Mario Trade, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of VGS Dienstleistungs GmbH, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 Copyright and trademarks
The copyright in all Content is and remains owned by VGS Dienstleistungs GmbH, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Mario Trade. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
All trademarks, service marks, logos and trade names which appear on products of Mario Trade Group, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of VGS Dienstleistungs GmbH, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Mario Trade' prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of Mario Trade.
3.3 Disclaimer of warranties
The Website and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
Mario Trade does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Mario Trade will not provide for specific IT infrastructure or connectivity. Thus Mario Trade cannot represent or warrant the Website will be uninterrupted or error free. Mario Trade does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 Limitation of liability
Your use of the Website is at your own risk. Neither Mario Trade, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Mario Trade has been advised of the possibility of any such damages.
3.5 Links to third parties
3.6 Misuse of the Website
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Mario Trade may deny you access to the Website at any time in its sole discretion, and which shall include situations where Mario Trade believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
3.7 User generated content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Mario Trade shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Mario Trade only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Mario Trade shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Mario Trade be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Mario Trade. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Mario Trade and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Mario Trade or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
Mario Trade reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Mario Trade believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Mario Trade.
You agree to promptly notify Mario Trade in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Mario Trade sufficient information to enable Mario Trade to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. VGS Dienstleistungs GmbH rees to make good faith efforts to investigate such complaint and shall take such action as Mario Trade in its sole discretion decides. However, Mario Trade does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.8 Unsolicited ideas
Mario Trade maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Mario Trade business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Mario Trade. You should therefore not post any Materials on the Website or send these to Mario Trade by e-mail or otherwise.
4.1 How can you contact us?
If you have any questions or comments about the Website or the Mario Trade Terms and Conditions or in the unlikely event that you wish to make a complaint please don't hesitate to contact us email@example.com
In case of contradiction between Mario Trade Terms and Conditions and any content contained in other parts of the Website or in links, Mario Trade Terms and Conditions contained in this document prevail.
4.3 Amendments to the Mario Trade Terms and Conditions
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the Mario Trade Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the Mario Trade Terms and Conditions periodically for changes.
4.4 Data protection
Each provision of the Mario Trade Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Mario Trade Terms and Conditions.
4.6 Sub-contracting and assignment
Mario Trade reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Mario Trade terms and conditions provided that your rights under Mario Trade terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Mario Trade terms and conditions without our consent in writing.
4.7 Events beyond reasonable control
Mario Trade will be not held responsible for any delay or failure to perform or comply with our obligations under the Mario Trade terms and conditions when the delay or failure arises from any cause which is beyond Mario Trade’ reasonable control.
4.8 Applicable law and jurisdiction
The Mario Trade Terms and Conditions shall be governed by the laws of Germany.