Terms of Service
Overview
This website is operated by Marilyn Peers. Throughout the site, the terms “we”, “us” and “our” refer to Marilyn Peers.
Marilyn Peers offers this website, including all information, tools and services available from this site, to you, the user, on the condition that you accept all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service, including any additional terms, conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the website, including but not limited to browsers, vendors, customers, merchants and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, you must not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current website shall also be subject to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority and have given us permission to allow any of your minor dependants to use this site.
You may not use our products for any illegal or unauthorised purpose. You must also not violate any laws in your jurisdiction when using the Service, including but not limited to copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
Any breach or violation of these Terms will result in immediate termination of your access to the Service.
Section 2 – General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this website is not accurate, complete or current.
The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete or up-to-date sources of information.
Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is not current and is provided for reference only.
We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website.
You agree that it is your responsibility to monitor changes to our website.
Section 4 – Changes to Services and Prices
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service, or any part or content of it, at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
Conclusion of the Contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue.
By clicking the “Buy” button, you submit an offer to conclude a purchase contract.
Confirmation of receipt of your order will be sent immediately by automated email after your order has been submitted. This email confirmation does not constitute acceptance of the contract.
Warranty
Statutory warranty rights apply.
Section 5 – Products or Services
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.
We have made every effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services we offer.
All product descriptions and product prices are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
All our products are shipped directly to the customer from our supplier in China. Any charges such as customs duties, import duties or additional clearance charges are the responsibility of the customer.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us.
We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under:
- the same customer account;
- the same credit card;
- the same billing address; and/or
- the same shipping address.
If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address or phone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you where necessary.
For more details, please see our Returns Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion.
You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.
Section 8 – Third-Party Links
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of such websites. We do not warrant and shall not have any liability or responsibility for any third-party materials, websites, products or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites.
Please carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction.
Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
Section 9 – Comments, Feedback and Other User Submissions
If, at our request, you send certain specific submissions, such as contest entries, or if you send creative ideas, suggestions, proposals, plans or other materials without a request from us, whether online, by email, by post or otherwise, collectively referred to as “comments”, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use any comments that you send to us in any medium.
We are and shall be under no obligation to:
- maintain any comments in confidence;
- pay compensation for any comments; or
- respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary rights.
You further agree that your comments will not contain defamatory, unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You must not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third party.
Any special additional customs clearance charges and/or import duties are not included in the price and are the responsibility of the customer.
Section 10 – Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Please refer to our Privacy Policy for more information.
Section 11 – Errors, Inaccuracies and Omissions
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions.
These may relate to:
- product descriptions;
- pricing;
- promotions;
- offers;
- product shipping charges;
- transit times; and
- product availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including but not limited to pricing information, except where required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 – Prohibited Uses
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the website or its content:
- for any unlawful purpose;
- to encourage others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial, state or local laws, rules or regulations;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites or the internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl or scrape;
- for any obscene or immoral purpose; or
- to interfere with or bypass the security features of the Service, any related website, other websites or the internet.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
Section 13 – Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from using the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service, and all products and services delivered to you through the Service, are provided, except as expressly stated by us, “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, whether express or implied.
This includes all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
To the fullest extent permitted by law, Marilyn Peers, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind.
This includes, without limitation:
- lost profits;
- lost revenue;
- lost savings;
- loss of data;
- replacement costs; or
- any similar damages.
This applies whether based in contract, tort, including negligence, strict liability or otherwise, arising from your use of the Service or any products purchased using the Service, or for any other claim related in any way to your use of the Service or any product.
This includes, but is not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of using the Service or any content or product posted, transmitted or otherwise made available via the Service, even if advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless Marilyn Peers, including our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising from your breach of these Terms of Service or the documents incorporated by reference, or your violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed to be severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of the remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service shall remain effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or by ceasing to use our website.
If, in our sole judgement, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.
You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services, or any part of them.
Section 17 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us.
They govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including previous versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be interpreted against the drafting party.
Section 18 – Governing Law
These Terms of Service and any separate agreements under which we provide services to you shall be governed by and interpreted in accordance with the laws of the Netherlands.
Section 19 – Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website.
It is your responsibility to check our website periodically for changes.
Your continued use of, or access to, our website or the Service after any changes to these Terms of Service have been posted constitutes acceptance of those changes.
Section 20 – Contact Information
Questions about these Terms of Service should be sent to: