TERMS OF SERVICE
Throughout the site, the terms “we”, “us” and “our” refer to Markerszone. Markerszone offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may 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 which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) 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 portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission by us.
The headings used in this agreement are included for convenience only and will 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 site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 according to our Return Policy.
We have made every effort to display as accurately as possible the colours/size and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in 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, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
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 site 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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
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 any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise 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 may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties 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.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and 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 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 without limitation, pricing information, except as 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 as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or 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 of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; 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 that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time 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 (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Markerszone, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Markerszone and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are 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 when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us 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 and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of UK
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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 to 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 following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - SHIPPING TERMS
All standard orders ship free within UK. We do our best to ship orders out the within 2 days, however, some orders may take longer. Fees and charges will apply to carriers other than Australia Post to lodge parcels under the Parcel Locker and Parcel Collect (post office) services. This cost is to be covered by the customer. All orders placed must have the correct delivery details. If your order cannot be delivered due to an incorrect address, your order will be returned to sender, a return to sender fee will be charged to your account. All standard and express orders have the option for the order to sign for on delivery or authority to leave without a signature. If a customer selects authority to leave without a signature, the customer will be liable if the item is stolen or left in an unsafe place. Markers Zone will not be liable for stolen or lost items if the customer has requested an authority to leave.
International orders - All international orders are subject to import duties and taxes and are liable to be paid by the customer.
SECTION 21 - 30 DAY MONEY BACK GUARANTEE
You have 30 days from the date received, to submit a Money Back Guarantee application.
Applications that do not meet these criteria will not be approved for a refund. We reserve our right to reject a refund request in the event that we are not satisfied (acting reasonably) with the return application.
Refunds can only be issued to the method that was used to pay for the order and all you have to do is arrange for the products to be shipped back (at your cost) and you will receive your refund on the returned items. In the unlikely event that you cannot return your items, your refund will not be approved. A partial order can be returned, however, only the items returned will be entitled to a refund. All free gifts or discounted items received must be returned for a full refund. If the free gift or discounted item is not returned with the original order, the free gift or discounted item will be deducted at full price from the refund.
SECTION 22 - DISCOUNTS & UPSELL BUNDLES
Discount codes cannot be applied to previously placed orders. Discount codes are not transferable or redeemable for cash or credit. Only one discount code is permitted per order. If a code is applied incorrectly, Markers Zone will not refund the discounted amount once an order has processed. A discounted upsell bundle is considered a discount and will be considered as a discount.
Markerszone reserves the right to decline or cancel any such orders that have had multiple discounts applied or do not meet these discount terms and conditions. We actively monitor the misuse of discount codes if we think there is or has been a misuse of a discount code in any way (e.g. selling it or sharing it with others), we reserve the right to cancel your discount code and/or suspend or even close your account without telling you. We don’t like to do this, but if a discount code can’t run properly because someone or something is spoiling the fun for everyone – e.g. fraud, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the discount code – we can cancel, modify or suspend the discount code. Orders purchased outside of the advertised time frame set out by Markers Zone will not be eligible for the discounted price. All upsell bundles (promotional pop-up offers) are only available to customers when a full-priced item is added to cart, meaning that if the full price item is removed, the half-price offer for the bundle will revert to full price.
Please note that during a sale or promotional period, orders cannot be cancelled, amended or changed in anyway.
SECTION 23 - REFUNDS OF UP-SELL BUNDLES
All up-sell bundles (promotional pop-up 1/2 price offers) are only available when a full-priced item is added to cart, meaning that if the up-sell item is the only item solely returned, the half-price offer will revert to full price as the offer is no longer deemed valid. If an order is returned without the up-sell item promotional item, the full price will apply to the remaining items.
SECTION 24 - PROMOTIONS
We may, from time to time, run promotions where certain products, or a combination of products, are offered for sale at a discounted price or free of charge. All promotions are subject to availability and while stocks last. Any products purchased outside of the advertised time frame set out by Markers Zone will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on BMarkers Zone platforms.
SECTION 25 - SUBSCRIPTIONS
We offer an optional subscription service whereby you may purchase your chosen Markerszone products to be delivered to your door at the interval provided at the time of purchase on our website.
A subscription service can be cancelled or changed up to 24 hours prior to your order shipping via the subscription login portal or by emailing customer care. A subscription service cannot be used in conjunction with any other discount codes or upsell offers.
By purchasing a subscription, you agree to pay an initial and recurring subscription fee at the subscription rate provided at the time you agree to purchase the relevant subscription, and you agree to pay all recurring charges until you cancel your subscription. The subscription payment will be deducted from your nominated account automatically and the product will be sent out as soon as the payment is successful.
It is your responsibility to ensure that you have sufficient funds in your nominated account to satisfy payment for your subscription during each billing period and you agree to reimburse us for any loss or damage suffered by us in connection with your non-payment of the subscription fee.
In the event that payment for any products is overdue, we may cancel or suspend your subscription until payment has been made.
You may cancel your subscription at any time in accordance with the terms of our cancellation policy.
- a) Subscription Cancellation
You can cancel your subscription at any time on our website’s account portal or by emailing us at email@example.com with the email address and full name you used to sign up with and our subscription specialist will assist you with this.
Changes to your account will take place from the time Markers Zone confirms in written correspondence to you.
Please ensure that you allow three business days for your subscription to be cancelled. Once your subscription fee has been deducted from your account and the order has been shipped, we will not be able to intercept your parcel or provide a refund.
- b) Change Subscription Frequency
You can adjust your subscription frequency at any time on our website’s account portal or by emailing us at firstname.lastname@example.org with the email address and full name you used to sign up with and our subscription specialist will assist you with this.
Changes to your account will take place from the time Markers Zone confirms the change in written correspondence to you.
- c) Change Subscription Products
You can change the products you are receiving in your subscription at any time on our website’s account portal or by emailing us at email@example.com .You may add or remove items, which may affect the subscription fee payable.
To do this, simply email firstname.lastname@example.org with the email address and full name you used to sign up with and our subscription specialist will assist you with this.
Changes to your account will take place from the time Markerszone confirms in written correspondence to you.
SECTION 27 - AMENDING, CANCELLING OR CHANGING ORDERS
We have a small 10-minute window to cancel or amend orders during business hours. Any changes or amendments will need to be requested within 10-minutes of placing your order. Please note that during a sale or promotional period, orders cannot be cancelled, amended or changed in any way.