|Terms & Agreement|
Welcome to Marshell Trading House Ltd's Terms & Agreement Section! Like any other company, we must supply full Terms & Conditions to protect our customers as well as our company. Below you will find detailed legal terms and agreements of our service.
This Agreement (the "Agreement") is a legal agreement between you and Marshell Trading House Ltd ("Marshell Trading House Ltd" or "www.oceanblueswimwear.net") that states the terms and conditions under which you may receive the Marshell Trading House Ltd service and use www.oceanblueswimwear.net. If you use the Marshell Trading House Ltd's service or www.oceanblueswimwear.net, you agree to these terms and conditions and we follow all the rules and regulations of the Republic of Cyprus according to our online services.
1. Marshell Trading House Ltd's Delivery Service and Website.
The Marshell Trading House Ltd service is a transaction, information and communication service available to authorized users ("customers") who access www.oceanblueswimwear.net. Marshell Trading House Ltd currently provides an online shopping and delivery service for beachwear and beach accessories and may in the future provide additional shopping and related services.
a. Shopping and Delivery Service. Marshell Trading House Ltd's employees, agents or designees will shop and deliver orders placed with Marshell Trading House Ltd. Delivery will be made to the delivery address that you specify when you place your order. Payment for shopping and delivery fees is due at the time of delivery. You are responsible for ensuring that someone is present at the delivery address to receive and pay (if not paid online) for deliveries at the time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If Marshell Trading House Ltd cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, you will be assessed an additional fee. If an item you choose is not in inventory, we reserve the right to replace the item with an equivalent product. We will adjust the price if the product is less, and we will not charge more if the product is more. Marshell Trading House Ltd's liability for missing a delivery or pickup time is limited to delivery at a later agreed time at no additional charge.
In some areas, you may choose to receive your Marshell Trading House Ltd order as an unattended delivery, and your order will be left unattended at your door or other place you designate. Orders containing electronic products cannot be left unattended under any circumstances. Marshell Trading House Ltd may also choose to leave your order unattended in a convenient location if an appropriate person is not present to receive and pay for deliveries. Marshell Trading House Ltd is not responsible, and you agree not to hold Marshell Trading House Ltd or its employees responsible, for any damage or theft that occurs to an unattended delivery. Marshell Trading House Ltd reserves the right to refuse to leave an order unattended if the Authorized Delivery Driver considers the circumstances to be unsuitable or unsafe for any reason.
b. Third Party Information Providers and Merchants. The Marshell Trading House Ltd service may permit you to order and receive products, information and services from businesses which are not owned or operated by Marshell Trading House Ltd. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information ordered or received from such businesses are solely between you and such businesses. Marshell Trading House Ltd does not endorse, warrant or assume any responsibility or liability for such products, information or services including, but not limited to, the accuracy, completeness or usefulness of such information, opinion and advice and the quality and availability of such products or services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee charged for the Marshell Trading House Ltd service.
2. Your Member Account.
You agree to provide Marshell Trading House Ltd with accurate and complete information as required by registration for the Marshell Trading House Ltd service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number and promptly to notify Marshell Trading House Ltd of any change in your Customer Registration Data. Upon registration, you will be issued a customer identification number and password allowing you access to the Marshell Trading House Ltd service. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Marshell Trading House Ltd immediately of any unauthorized use of your password or your account. You will remain liable for any use of the Marshell Trading House Ltd Service until you notify Marshell Trading House Ltd of the unauthorized use. From the time you become a member of our website, you will be able to search and review your previous orders as well as check the progress of your current order. After the payment of your order, you will receive a confirmation email with all the details of your order including item prices, quantity, delivery charges if any and all other information concerning your order.
3. Property Rights - www.oceanblueswimwear.net and Marshell Trading House Ltd.
a. Copyright: All content on www.oceanblueswimwear.net including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of Marshell Trading House Ltd. ALL RIGHTS RESERVED, or its content providers. Marshell Trading House Ltd authorizes you to view, electronically copy and to print in hard copy portions of www.oceanblueswimwear.net for the sole purpose of placing an order with Marshell Trading House Ltd, for your personal, non-commercial use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on www.oceanblueswimwear.net, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purpose, without the prior written permission of Marshell Trading House Ltd is strictly prohibited. Marshell Trading House Ltd reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Marshell Trading House Ltd.
b. Trademarks: All Marshell Trading House Ltd logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of Marshell Trading House Ltd or otherwise proprietary to Marshell Trading House Ltd and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on www.oceanblueswimwear.net are the property of their respective owners.
4. Fees, Payment and Access
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your password or I.D. number, including your family, friends or other customers. Fees and charges will be assessed in accordance with the then current Marshell Trading House Ltd fee schedule which can be accessed online. If you fail to pay any fees or charges when due under the Marshell Trading House Ltd fee schedule (which includes electronic payment rejection, redelivery or restocking fees, or damages arising from fraudulent use), Marshell Trading House Ltd may refuse to deliver your order until you settle your payments. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Marshell Trading House Ltd may incur in its efforts to collect any unpaid balances from you. Marshell Trading House Ltd reserves the right to establish a credit limit for your account. Your right to use the Marshell Trading House Ltd service is also subject to limits established by your credit card issuer.
5. Unauthorized or Fraudulent Use.
Marshell Trading House Ltd does not offer the Marshell Trading House Ltd Service to children. By registering for the Marshell Trading House Ltd Service, you warrant that you are at least 18 years old. If you are under 18, you may use the Marshell Trading House Ltd Service only with the involvement of a parent or guardian. From time to time, Marshell Trading House Ltd may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use and Marshell Trading House Ltd reserves the right to charge you an amount equal to such damages.
6. Changes in Agreement, Fee Schedule or Marshell Trading House Ltd Service.
Marshell Trading House Ltd may at any time change any of the terms of this Agreement or the Marshell Trading House Ltd fee schedule including, but not limited to, the amount of, or basis for determining, any fees or charges for the Marshell Trading House Ltd service. If Marshell Trading House Ltd makes material changes to this Agreement or changes to the Marshell Trading House Ltd fee schedule, Marshell Trading House Ltd will provide notice to you in a manner provided in this Agreement. Your use of the Marshell Trading House Ltd service after any such change will be conclusively deemed acceptance of such change. Marshell Trading House Ltd may discontinue or revise any or all aspects of the Marshell Trading House Ltd service without prior notice to you. Price and availability of products are also subject to change without notice. If any change is unacceptable to you, you may cancel your Marshell Trading House Ltd Service and terminate this Agreement.
Marshell Trading House Ltd may suspend or terminate your access to the Marshell Trading House Ltd service at any time for any reason with or without notice to you. You may terminate your Marshell Trading House Ltd service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day the notice is received or such later date specified in the notice. If you terminate your Marshell Trading House Ltd Service for any reason, you will not be entitled to a refund of any fees. Marshell Trading House Ltd reserves the right to collect fees and charges incurred before you cancel your Marshell Trading House Ltd Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
8. Limitation of Liability and Disclaimer of Warranty.
YOUR USE OF THE MARSHELL TRADING HOUSE LTD, WWW.OCEANBLUESWIMWEAR.NET AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE MARSHELL TRADING HOUSE LTD, WWW.OCEANBLUESWIMWEAR.NET AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MARSHELL TRADING HOUSE LTD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MARSHELL TRADING HOUSE LTD DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY WWW.OCEANBLUESWIMWEAR.NET WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT WWW.OCEANBLUESWIMWEAR.NET OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER MARSHELL TRADING HOUSE LTD NOR ANY OF ITS DIRECTORS, EMPLOYEES, INVESTORS AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE MARSHELL TRADING HOUSE LTD, WWW.OCEANBLUESWIMWEAR.NET, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH MARSHELL TRADING HOUSE LTD. MARSHELL TRADING HOUSE LTD'S LIABILITY IS LIMITED TO CREDITING YOUR ACCOUNT FOR PRODUCTS SOLD BY MARSHELL TRADING HOUSE LTD AND RETURNED BY YOU. BECAUSE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS WARRANTIES AND LIABILITY ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY CYPRUS LAW.
The material on www.oceanblueswimwear.net is provided for lawful purposes only. Marshell Trading House Ltd controls and operates www.oceanblueswimwear.net from its headquarters in Nicosia, Cyprus and makes no representation that these materials are appropriate or available for use in other locations. If you use www.oceanblueswimwear.net from other locations, you are responsible for compliance with applicable local laws.
You agree to defend, indemnify and hold Marshell Trading House Ltd and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
10. Privacy and Security.
a. Aggregated Information. Marshell Trading House Ltd may use aggregated information regarding its customers and usage of the Marshell Trading House Ltd service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
b. Third Party Service Providers. Marshell Trading House Ltd may employ other companies and individuals to perform certain functions such as processing credit card payments and analyzing data. They may have access to personal information to perform their functions.
d. Enforcement of Agreement or Compliance with Cyprus Law. Marshell Trading House Ltd may use or disclose personal information when Marshell Trading House Ltd believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of Marshell Trading House Ltd or its users or to comply with the Cyprus law.
You may at any time review and change your personal information stored by www.oceanblueswimwear.net by accessing the My Account page at www.oceanblueswimwear.net. You may also request that Marshell Trading House Ltd permanently remove all personal information stored by Marshell Trading House Ltd at any time by delivering notice requesting such removal. Upon such request, Marshell Trading House Ltd will remove all such information and will not thereafter use personally identifiable information about you in any way. Such request will automatically terminate your Marshell Trading House Ltd Service. At Marshell Trading House Ltd, we want you to feel safe while shopping with us.
11. Legal and Miscellaneous
a. This Agreement states your entire agreement with Marshell Trading House Ltd regarding the use of the Marshell Trading House Ltd Service and www.oceanblueswimwear.net. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect
b. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
c. This Agreement shall be governed by the laws of the Republic of Cyprus without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Marshell Trading House Ltd or its Associates or relating in any way to your use of the Marshell Trading House Ltd or www.oceanblueswimwear.net resides in the courts of Cyprus, and you further consent and agree to personal jurisdiction by the republic and courts sitting in the republic of Cyprus in connection with any such dispute.
d. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
e. Sections 7 and 8 of this Agreement are for the benefit of Marshell Trading House Ltd and its Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. Sections 7 and 8 of this Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of your Marshell Trading House Ltd service.
Marshell Trading House Ltd may give notice to you of a change in this Agreement, a change in the Marshell Trading House Ltd Fee Schedule, and any other matter by general posting on www.oceanblueswimwear.net, by electronic mail. You may give notice to Marshell Trading House Ltd by telephone +357-22667503, by electronic mail (visit Contact Us on www.oceanblueswimwear.net).
If you have any questions about this agreement, please call us at +357-22667503 or email us at email@example.com