TERMS OF USE OF THE WEBSITE WWW.SANMARCO.COM (THE “WEBSITE”).
The Website is operated by SAN MARCO GENERAL TRADING, San Marco is a distinguished group of companies operating and covers services in the United Arab Emirates, under the Commercial License number 221173, whose registered address is at P.O. Box 48000, Dubai, United Arab Emirates.
The Website is provided to you for your personal use subject to these terms and conditions and any other rules posted on the Website (including our Privacy Policy) (the “Terms and Conditions”).
By visiting the Website you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL www.sanmarco.com and related domain names) (the “Services”).
If you wish to use our Services you must read and agree to be bound by our policies relating to those Services. In particular, your attention is drawn to our policies relating to the terms of purchase and our Privacy Policy. If you are aged under 18, you must let your parent or guardian know about our Privacy Policy before you register to use this Website or any of the Services.
We grant you a non-transferable and revocable personal license to use the software that is provided to you by us as part of the Website, for the sole purpose of enabling you to use and enjoy the benefit of our Services, as provided by San Marco in the manner permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in writing in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you, and without prejudice to any other rights of San Marco.
REGISTRATION
Certain Services and related features, such as but not limited to, newsletters, that may be made available on the Website may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website you are solely responsible for keeping passwords and other account identifiers safe and secure. As a user of the Website you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorized use of your password or account. San Marco shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You may be liable for our losses or others due to such unauthorized use.
Please refer to our Privacy Policy for information about how we use your data.
YOUR CONTENT
You are responsible for your use of the Website, for any information, text, graphics, photos or other materials which you upload or post to the Website (collectively “Your Content”), and for any consequences thereof. Most content you submit, post, or display through the Website is public by default and will be able to be viewed by other users and through third party services and websites.
You should only provide content that you are comfortable sharing with others under these Terms and Conditions. When posting Your Content, you agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. We may not monitor or control Your Content and, we cannot take responsibility for Your Content. Any use or reliance on Your Content, or content provided by any party other than San Marco (such as other users) (“Other Content”) or obtained by you through the Website is at your own risk.
Your Content may be moderated and may take up to 48 hours to be displayed but San Marco does not commit to checking all Your Content or Other Content and will not be liable for the same. If you have a complaint about any posts please contact our Customer Service Team at customerservice@sanmarco.com .San Marco reserves the right, in its sole discretion, not to publish or to remove any Your Content or Other Content that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the Website. You understand that by using the Website, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any of Your Content or Other Content, including, but not limited to, any errors or omissions in Your Content or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Content or Other Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.
You retain your rights to Your Content. By submitting, posting or displaying Your Content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for San Marco to provide, promote, and improve the services it provides and to make Your Content available to other companies, organizations or individuals who partner with San Marco for the syndication, broadcast, distribution or publication of Your Content on other media and services, subject to our terms and conditions for Your Content use. Such additional uses by San Marco, or other companies, organizations or individuals who partner with San Marco, may be made with no compensation paid to you with respect to Your Content.
We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of San Marco, its users and the public.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Website.
ELIGIBILITY
The purchase of products through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the United Arab Emirates.
In order to make purchases on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, alternate contact phone number, valid e-mail address, payment details, valid billing address and other requested information as indicated. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided.
The Website is only available to persons who meet San Marco terms of eligibility, those who hold a valid credit/debit card by a bank acceptable to San Marco, and those who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the product(s) which they purchase. Products purchased are for personal or gift use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit. San Marco reserves the right to restrict multiple quantities of an item being shipped to any one customer or delivery address.
By making an offer to purchase products(s), you expressly authorize San marco to perform credit checks and to transmit or obtain your credit/debit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit/debit card, obtain an initial credit/debit card authorization and/or authorize individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for information about how we use your data.
ORDERS FOR THE PRODUCTS
The products appearing for sale on the Website are subject to acceptance and availability. If, for any reason following the placement of an order for product(s), we are unable to supply a particular product, we will inform you as soon as possible, cancel your order in respect of the relevant product(s) and refund you or re-credit your account for any sum that has been paid by you or debited from your credit/debit card for the product(s) which cannot be supplied by us.
All orders are subject to acceptance. We reserve the right to refuse or cancel an order for any reason, including inaccuracies, or errors in product or pricing information, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms and Conditions or any other problem identified by us.
San Marco will store a record of your transactions for a minimum of one (1) year.
Once your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, it is a confirmation that we have received it.
Unless cancelled, acceptance of your order will be perfected upon completion of the packing of your order by us. Completion of the contract between you and San Marco will be perfected when we dispatch the products to you, at which time you will receive a second email confirming that your order has been dispatched. The sale contract is therefore concluded in Dubai, United Arab Emirates and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of San Marco.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from the Website, whether or not that product has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Every effort is made to make sure all details on the Website are accurate; however we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the product(s), we shall refund the full amount or re-credit your account in such sum as soon as we are able. In the event that products are recalled in transit, we will process your refund/re-credit once the products have been returned to us.
By confirming your purchase at the end of the order process, you agree to accept and pay the full amount payable for the product(s) as set out in your order, including any delivery charges applicable to that order.
PRICES AND PAYMENT POLICY
The price of the products shown on the Website and delivery charges are shown in your local currency and are exclusive of any applicable taxes or import duties. Delivery charges will be added to the price of the products and will be indicated in your local currency, separately on the order form during the check-out process. For heavier weights or large package sizes, please contact us as additional fees may apply. Additional charges may apply for deliveries outside the city limits of: Abu Dhabi, Al Ain, Ajman, Dubai, Fujairah, Ras Al Khaimah and Sharjah. Should any additional charges apply to your order, a member of our team will get in touch with and let you know before your order is dispatched. For more information please contact us at customerservice@sanmarco.com
If you are a customer whose credit/debit card is not denominated in United Arab Emirates Dirhams, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
We accept the following forms of payment:
- credit/debit card: VISA/MASTERCARD
All credit/debit card payments are subject to validation checks and authorization by the issuer. If the issuer of the credit/debit card refuses to authorize payment, we will not be liable for any delay or non-delivery. The multiple booking/orders/shipments may result in multiple postings to the cardholder’s monthly statement. We will cancel your order and contact you for an alternative method of payment.
The details on the credit/debit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of the shipping of your order by San Marco. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it.
No credit/debit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.
We take reasonable care to make the Website secure. Rest assured that your card number will be protected using SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides a secure connection between Internet browsers and websites, allowing you to transmit private data online. We take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
PRODUCTS LIABILITY
By buying products through our Website, you acknowledge and agree that San Marco carries no product liability save as described in the preceding paragraphs in relation to returning and exchanging the products or refunding/crediting the price paid and that full liability for the products rests with the manufacturer. The terms of the manufacturer’s product liability are found in the product’s package or in the notice that accompanies the products.
INTELLECTUAL PROPERTY
All copyright, trademarks, trade names, trade dress, designs, the “look and feel” of the Website, other intellectual property and material, rights on and relating to the Website including software and all HTML and other code contained in the Website, page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain vested in San Marco and/or are the property of their respective owners, and are protected by the United Arab Emirates and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only as expressly authorized by San Marco and/or its third party licensors provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or make available the IP to any third party in a commercial manner. You will not acquire any copyright, trademark or other proprietary rights whatsoever in the IP. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP or our Website. The IP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the IP is strictly prohibited.
San Marco is the exclusive owner or licensee of the IP (as applicable) and is the exclusive licensee of the www.sanmarco.com domain name.
CONTENT
San Marco provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error-free or reliable or that your use of the content will not infringe the rights of third parties. San Marco does not warrant that the functional aspects of the Website or its content will be error-free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, San Marco is not responsible in any way for those costs. San Marco makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website. San Marco reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that San Marco is not liable to you or any third party for any such withdrawal.
We endeavor to provide an accurate description of the products on our Website and to display the colours of the products as accurately as possible. We cannot guarantee that your monitor’s display of any colour will be accurate.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of San Marco and we accept no responsibility for any such views expressed in any media.
INDEMNIFICATION
You agree, at our request, to defend, indemnify, and hold harmless San Marco and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. San Marco reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.
AVAILABILITY
You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that San Marco cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside San Marco’s control, such as, for example, transmission and telecommunication links between San Marco and you and between San Marco and other systems and networks.
San Marco may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. San Marco is not liable for any modification to or suspension or interruption of the Website.
DISCLAIMER
OUR WEBSITE IS PROVIDED BY SAN MARCO ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAN MARCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SAN MARCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SAN MARCO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the United Arab Emirates.
The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SAN MARCO OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SAN MARCO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL SAN MARCO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.
MISCELLANEOUS
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
These Terms and Conditions constitute the whole legal agreement between you and San Marco and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and San Marco in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and San Marco may stop providing the same (or any features within them) to you or to users.
You understand that San Marco grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and San Marco reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that San Marco has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which San Marco may suffer) of any such breach.
If San Marco does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of San Marco’s rights.
You and San Marco are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and San Marco. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.
These Terms and Conditions are governed by the laws of the United Arab Emirates as applicable in Dubai and all disputes arising here under are subject to the exclusive jurisdiction of the Dubai courts.
