Marathelabel.com Terms and Conditions of Use

 

GENERAL

 

Welcome to marathelabel.com. By utilizing the latest technology to ensure secure shopping, marathelabel.com (“Website”) can provide you with a broad range of high-quality merchandise to help you easily express your individuality and creativity. However, keep in mind, however, that we here at Mara the Label are , a private company limited by shares and provide our services to you subject to the following notices, terms, and conditions. The registered address of MARA THE LABEL is Downtown Los Angeles, CA. (Should add the registered address that was included in your articles of incorporation.) These Terms and Conditions (“Terms”) constitute a legally binding Agreement made by and between MARA THE LABEL and You, the user (“You”). The foregoing parties are collectively referred to hereinafter as the “Parties” and to each individually as a “Party.” . These Terms govern your use of the Website and products offered on the Website so please read them carefully. By accessing and/or using any part of this Website, You agree that You have read, understand and agree to be bound by these Terms. If You do not agree to be so bound, discontinue use of the Website. Internet technology and applicable laws, rules and regulations change frequently. Accordingly, MARA THE LABEL reserves the right to make changes to this Agreement at any time. Your continued use of the Website constitutes assent to any new provisions of this Terms that may be posted on the Website.

 

PRODUCT TRANSACTIONS ON THE WEBSITE

Products may only be purchased by individuals who can form legally binding contracts under applicable law. All purchases must have been issued with either a valid credit card by a bank acceptable to PayPal or a valid PayPal account. The individual’s application to open an account must be acceptable to MARA THE LABEL. All purchasers must agree to authorize PayPal (on behalf of MARA THE LABEL) to process the charge or charges on his/her credit card or PayPal account in the amount of the total purchase price for the merchandise which they purchase.

By making an offer to purchase merchandise, You expressly authorize PayPal (on behalf of MARA THE LABEL) to process the charge or charges on their credit card or PayPal account in the amount of the total purchase price for the merchandise which they purchase. Furthermore, You agree that PayPal (on behalf of MARA THE LABEL) may use personal information provided by you You in order to conduct appropriate anti-fraud checks. Personal information that you You provide may be disclosed to a credit card reference or fraud prevention agency, which may keep a record of that information.

 

ORDER APPROVAL

All orders are subject to acceptance and availability. Please note that items in your shopping cart are not reserved and may be purchased by other customers. After you You place your order, you You will be sent an e-mail to confirm that your account has been charged. Your account is debited at the same time you You submitted your order on our Website. If your order has not been approved, you You will be notified. In the rare instance that your order is approved but any of the items you You have ordered are not available, we will contact you You immediately by e-mail to arrange for a full refund or a product exchange, if preferred. Unless you You cancel your order, acceptance of your order and

completion of the contract between you You and MARA THE LABEL will be completed when we e-mail you You to confirm the goods have been dispatched. The Website and communications is always conducted in English; therefore, the final sale contract will also be in English.

We reserve the right to not accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you You do not meet the eligibility criteria.

 

PRICING POLICY

Prices displayed on Website are in United States Dollars.

 

CANCELLATION OF ORDERS BY US

 

At MARA THE LABEL, we do our best to ensure your order is fulfilled. However, we reserve the right to cancel the order if we have insufficient stock. In the event of cancellation, we will contact you You by email within 48 hours of receiving your order. If we cannot fulfill the order, we will re-credit your account as soon as reasonably possible. MARA THE LABEL does not reimburse any bank charges you You may have incurred in the transaction. Please note card refunds may take up to 10 business days for your bank to complete depending on processing time. This can vary greatly between card issuers, and unfortunately, we are unable to influence this.

 

CANCELLATION BY YOU

 

MARA THE LABEL aims to ship any orders received the same day (excluding weekends and public holidays). However, please allow up to 48 hours for processing time. If you You contact us and the order has already shipped, we cannot cancel the order. However, if the order has not been shipped, MARA THE LABEL will happily cancel the order and refund you.

 

INSURANCE AND DELIVERY

MARA THE LABEL insures each purchase during the time it is in transit until it is delivered to your specified delivery address.

MARA THE LABEL cannot be held responsible for courier delays and circumstances out of our control. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.

All our orders are shipped out of Los Angeles, California, United States.

RETURNS AND EXCHANGES

Purchasers must request an exchange or return within 14 days of receiving our order. The item(s) must be returned in original condition with the original packaging and all tags attached. Any garments that appear to have been worn, washed, or altered in any way will be refused. Please take care when trying on garments, as we cannot accept garments that have makeup stains and/or that smell of perfume. The item/s must be returned to our office before the refund or exchange is made. Exchanges can be made for garments equal to the same full price value. Store credit will be issued to a customer MARA THE LABEL account based on the discounted price paid for the garment. Items purchased during promotional periods (using a discount or promotion code) are eligible for exchange or store credit only, no refunds. The particular promotion in issue may have additional, more restrictive terms and conditions. Please do not return any items before requesting a Returns Number. Purchasers meeting the above requirements may request a return or exchange by submitting a Return Request through our Website. Simply log in to your account and go to My Account. Go to Completed Orders, then click Return Item(s) next to the item you You want to return. Fill out the following on the Return Request:

Item to return

Return reason

Select return or request an exchange

Comments 

Once done, click Submit Return Request. You You will receive a confirmation e-mail once the Return Request is sent. If you You did not make an account with us simply email: customercare@marathelabel.com

We reserve the right to not accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you You do not meet the eligibility criteria. Following our receipt of an authorized return, please allow 3-5 business days for your return to be processed. We will’ll send you You an email when our team has processed your refund. PayPal and Credit Card refunds can take up to 10 business days to clear back into your account. Your refund can only be credited back to the original form of payment.

If you You request an exchange, please allow 3-5 business days for your return to be processed by our team. We will ’ll send you You an email notification once your exchange has been shipped so you You know it’s on the way. The shipping cost of returning items to the MARA THE LABEL office for an exchange or refund, is not covered or reimbursed by us. However, if you You request an exchange, we will arrange the shipping of the new item to you. We understand that some international postage can be costly, so we do not expect express shipping on returns. If you You have received damaged goods, or you You believe a manufacturing fault has occurred, please contact us straight away at customercare@marathelable.com so we can help

to resolve the problem as quickly as possible. Excessive Returns: MARA THE LABEL monitors returns to identify potential abuse or misuse of our return policies. Continued returns will be flagged and potentially refused at our discretion, or discretion or lead to the closure of your MARA THE LABEL account.

PAYMENT

We accept payments via Paypal, and any other methods which may be clearly advertised on the Website from time to time. If you You choose to pay with PayPal, you You will be directed to their site to Log In; and review the amount shown before clicking & Pay Now & Once this transaction is complete, you You will then return to marathelabel.com. Payment will be debited and cleared from your account upon dispatch of your order by MARA THE LABEL. You You confirm that the credit/debit card that is being used is yours or that you You have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to MARA THE LABEL, we will not be liable for any delay or non-delivery. We take reasonable care to make our Website secure. If you You are a registered MARA THE LABEL user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you You have initiated. INTELLECTUAL PROPERTY RIGHTS Intellectual Property Rights Copyright

The graphic and textual content, arrangement, and assembly of the Website is the property of MARA THE LABEL or its content suppliers and protected by international and United States of America copyright laws. Users should feel free to use this Website as a shopping resource, but any other use of the Website, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited. Trademarks MARA THE LABEL is a registered trademark of MARA THE LABEL and MARA THE LABEL graphics, logos, product names, and service names are trademarks of MARA THE LABEL. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes MARA THE LABEL, its trademarks or goodwill. Any other trademarks not owned by MARA THE LABEL that appear on this Website are the property of their respective owners. You You may not use any of these trademarks, trade dress, or trade names without express permission. Ownership and Use MARA THE LABEL will retain ownership of its intellectual property rights and You may not obtain any rights therein by virtue of these Terms or otherwise, except as set forth in this Terms. You have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on Website in the normal course of your use of the Website. You You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law. Digital Millennium Copyright Act Policy and Copyright Agent MARA THE LABEL respects the intellectual property rights of others and expects its users to do the same. If you You believe Website or a user of the Website has infringed intellectual property, please notify our Intellectual Property Agent at customercare@marathelabel.com and provide the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right. An identification of the intellectual property claimed to have been infringed. A detailed description of the material you You claim is infringing, so that we may locate it, including the URL where the infringing material appears. Your address, telephone number, and email address.

A statement by you You that you You have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner its agent, or the law.

A statement, made under penalty of perjury, by you You that the above information is accurate and that you You are authorized to act on behalf of the owner of the intellectual property rights involved.

 

PROHIBITED CONDUCT

In your use of the Website, you You may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website,

(iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology,

(iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including MARA THE LABEL, any level of national, federal, state or municipal government, a political candidate, or create a false identity

(v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access,

(vi) engage, directly or indirectly, in transmission of ‘spam,’ chain letters, junk mail or any type of unsolicited solicitation,

(vii) collect, manually or through automatic process, information about other users without their express consent, or other information related to the Website,

(viii) use meta tags or other “hidden text” utilizing Website, MARA THE LABEL’S name, trademarks, or product names,

(ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website,

(x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these Terms. If you You become aware of any conduct that violates these Terms, MARA THE LABEL encourages you You to contact customer service at customercare@marathelabel.com. MARA THE LABEL reserves the right, but will have no obligation, to respond to such communications.

 

REPRESENTATIONS AND WARRANTIES

 

By Each Party

Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these Terms, (ii) the assent to and performance by it of its obligations under these Terms do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules and (iii) these Terms constitute legal, valid and binding obligations of the parties assenting to these Terms, enforceable in accordance with these terms and conditions. By You You represent and warrant to MARA THE LABEL that (i) You You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of MARA THE LABEL in your use of Website, and (ii) You You will comply with all applicable laws, rules and regulations in your use of the Website, including these Terms, (iii) You You will not make any speculative or fraudulent orders.

INDEMNIFICATION

You agree to hold MARA THE LABEL and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you You or (ii) arising from, related to, or connected with the Website. If you You are obligated to provide indemnification pursuant to this provision, MARA THE LABEL may in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you You may not settle, compromise or in any other manner dispose of any Claim without the consent of MARA THE LABEL.

DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS DISCLAIMER OF WARRANTIES. MARA THE LABEL PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. MARA THE LABEL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. MARA THE LABEL DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINTERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS,

 

(III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU YOU USE. MARA THE LABEL MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. EXCLUSION OF DAMAGES. MARA THE LABEL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. MARA THE LABEL WILL NOT BE LIABLE TO YOU YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF MARA THE LABEL OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY. EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TERMS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TERMS, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU YOU TO MARA THE LABEL FOR ANY PRODUCT(S). CONTENT

 

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by MARA THE LABEL and/or third parties, and are collectively referred to as & “Content”; The Content may contain omissions, errors, or may be out of date. MARA THE LABEL reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on MARA THE LABEL in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked

to from the Services are the sole responsibility of the third-party originator of such Content.

Links to any third-party Content are provided for your convenience only. If you You choose to access any third-party Content, you You do so at your own risk.

YOU ACKNOWLEDGE AND AGREE THAT MARA THE LABEL IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

 

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by MARA THE LABEL, should be directed to the third party that controls such Content or hyperlink. If you You believe we have provided a hyperlink to a third-party Website that contains infringing or illegal Content, products or services, we ask that You notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.

 

EXCLUSIVE VENUE FOR LITIGATION

To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in courts in Los Angeles, California if United States law applies.

 

CHANGES TO THE WEBSITE OR SERVICE

Website may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of Website, temporarily or permanently, at any time without notice to you, and Website will not be liable for doing so.

 

TERMINATION

 

MARA THE LABEL will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You You or any third party, to terminate your account or your access to Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these Terms, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you You exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.

If You You are a member, You may terminate your account for any reason at any time subject to these Terms by emailing customercare@marathelabel.com and requesting termination.

If your account is terminated, MARA THE LABEL may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of Website in its possession.

Following termination, you You will not be permitted to use Website. Following termination, the parties’ obligations hereunder shall survive.

 

LIMITATION OF ACTIONS

You You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you You may have arising out of, relating to, or connected with your use of Website or MARA THE LABEL products must be brought within one calendar year after such claim or cause of action arises, or forever be barred.

 

These Terms contain the entire understanding of the you You and MARA THE LABEL regarding its subject matter, and matter and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.