Last Updated: July, 2018.
Please read these Terms and Conditions Carefully.
These Terms and Conditions (“Terms and Conditions”) outlined below, contains the terms that govern your access, use, rights and obligations in relation to access to information and purchase of products through www.macarionline.com (the “Website”) operated by Macari Online, a Barbados based company (“Macari Online,” “we,” “us,” or “our”).
These Terms and Conditions are the “Agreement” between Macari Online, and you or the entity you represent (“you”).
You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
By accessing the Website, reading the articles we post and/or purchasing products, you agree to be bound by the terms and conditions of this Agreement.
1. About Macari Online
Macari Online serves as a reliable and trustworthy fashion and accessories online store that retails a broad range of fashion products and accessories which include but are not limited to: clothing, jewelry, watches, sunglasses, necklaces, earrings, phone cases, fashion products, etc. (the “Products”).
2. Accessing and using Macari Online
- a) Anyone can access Macari Online. However, to purchase our Products, you will need to register as a User by signing up and creating an account. For that purpose, you must be at least 18 years of age. To create an account, please go to the Sign-Up
- b) You are not eligible to use Macari Online if we have suspended or previously terminated your access to the Website and we have not expressly authorized you in writing to resume using Macari Online.
3. Account registration
- a) You can sign up and create your account on the Sign-Up page. During the registration process, you will be asked to confirm your acceptance of this Agreement.
- b) You must make sure that all the information you provide when you register with Macari Online is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you must update your account.
- c) Your account is for your personal use only. To help us maintain the security of Macari Online, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Macari Online as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so.
- d) If you become aware of any misuse or unauthorised use of your login details, then you must inform us immediately by sending an email to us.
- e) In the event that you have, or we have reason to believe that you have breached, or will breach this Agreement, we may terminate or suspend your registration and/or access to Macari Online and/or to any content made available on Macari Online.
4. Online Account
- a) Once you register for an account, we will send you a welcome email containing a link to activate your account. You must click on the link contained in the welcome email for your account to be activated.
- b) After activating your account, you can login by using the username and password used during the registration progress.
- c) Your online account will contain personal information about yourself, order details (if any), and other important information.
5. Our Products
5.1 Product Pricing, Availability
- a) Prices for the Products are indicated on the Website. When purchasing any Product, the price then indicated for such Product shall apply. Please note that we may revise the Product Prices from time to time, without notice.
- b) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Product or line of Products, with or without notice.
5.2 Manufacturer Disclaimer
All of the products sold on this Website are made by their respective manufacturers. Products and companies referred to are trademarks or registered trademarks of their respective companies or mark holders.
5.3 Products Disclaimer
- a) Although we have made every effort to display the colors accurately, the images of the Products on our Website are for illustrative purposes only.
- b) We cannot guarantee that your computer’s display of the colors accurately reflects the color of the Products, your Products may vary slightly from those images.
6. Purchasing Products; Making Payments
6.1 Products Purchase
In order to purchase our Products, you must register for an account with us through the Website. If you already have an account on the Website, you can log into your account using your username and password.
6.2 Making Payments
- a) Payment can be made by Visa, Visa Electron, Visa Debit, MasterCard, or PayPal. You must be able to confirm that the credit/debit card or online account that is being used is your own, or that you have been specifically authorized by the owner of the credit/debit card to use it.
- b) All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Macari Online, we will not be liable for any delay or non-delivery. Where applicable, prices are inclusive of taxes.
- c) All credit/debit card transactions on this site are processed using secure third party online payment gateways that encrypt your payment details and other transaction data in a secure host environment.
7. General Rules
You may not:
- i) Distribute or post spam, in particular by sending unsolicited marketing messages to other users, or distribute or post chain letters, unsolicited loans or pyramid schemes;
- ii) Distribute viruses or any other technologies that may harm Macari Online or the interests of users of the Website or users or otherwise interfere with or disrupt our servers;
- iii) Post or transmit any advertisements for or solicitations of business;
- iv) After receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
- v) Except as permitted under this Agreement, copy, modify, or distribute our content or trademarks from Macari Online or users’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
- vi) Harvest or otherwise collect or use information about users without their explicit consent;
- vii) Impersonate another Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Allow any other person or entity to use your account for any reasons;
- ix) Continue to use Our Website if your access to The Website has been suspended or your account terminated; or
- x) Engage in any other conduct that restricts or inhibits any other persons from using or enjoying The Website, or which, in our judgment, exposes us to any liability or detriment of any type.
8. Additional Provisions
8.1 Macari Online Content
- a) All of the content on the Website is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) Macari Online and is protected by copyright law and other intellectual property rights.
- b) Macari Online content includes any information or other material found on or via the Website, including without limitation text, databases, graphics, videos, software and all other features found on or via the Website.
- c) We make our content available through the Website for your personal, non-commercial use only. You may view the Website’s pages and content online and print a copy of this Agreement for your records. You may not otherwise reproduce, modify, copy or distribute or use any of the content on The Website without our prior written consent.
8.2 Third Party Links
- a) You acknowledge that Macari Online may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites’ or their content or availability.
- b) We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party Websites, you do so entirely at your own risk.
8.3 No Promises; Disclaimer
- a) We only promise that we will operate the Website with reasonable skill and care.
- b) Otherwise, the content and services available on the Website are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable, we disclaim any and all promises, warranties, conditions, or representations relating to the Website and its content, whether express, implied, oral or written. In particular:
- i) We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on The Website and you should not rely on it being accurate, truthful or complete.
- ii) We are not responsible for verifying the ownership of any content posted or uploaded onto The Website.
- iii) We cannot guarantee and shall not be liable to you in relation to the performance or reliability.
- iv) You agree that your access and use of The Website and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on The Website is used.
- a) You agree only to use our Website in accordance with this Agreement.
- b) You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of this Agreement (including as a result of any actions you take which disrupt access to and/or the functioning of The Website) or any liability we incur as a result of the use of the Website by you and any other person that uses your account with your permission or as a result of your negligence.
8.5 Copyright complaints
- a) We respect the intellectual property rights of others, and we prohibit users of our Website from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
- b) It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us.
- c) Additionally, it is our policy to terminate usage rights and any applicable accounts of users we determine to be repeat infringers of others’ copyrights.
- a) We may terminate your access to the Website without cause or notice, which may result in the forfeiture and destruction of all information associated with you.
- b) Reasons for termination include, but not limited to:
- i) Breach of the terms of this Agreement
- ii) if we are advised by our legal counsel that your use of the Website and/or submitted UGC violates any jurisdictional laws.
- c) All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Force Majeure
Macari Online shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.
11. Governing Law and Dispute Resolution
- a) You agree that the laws and regulations of the Republic of Trinidad and Tobago govern this Agreement, its subject matter, and any claim or dispute that you may have against us.
- b) You further agree that any disputes or claims that you may have against us will be resolved amicably and in good faith between you and Macari Online, prior to resorting to binding Arbitration within the Republic of Trinidad and Tobago in accordance with its then in effect arbitration rules and procedures.
- a) We may modify or change any part of this Agreement at any time, without prior notice. You can review the most current version of this Agreement by clicking on the “Terms and Conditions” hyperlink contained on the Website. You are responsible for checking his Agreement periodically for any changes.
- b) If you continue to access the Website after we make any changes to this Agreement, you are signifying your acceptance of the additional terms.
13. Entire Agreement
This Agreement, together with other applicable policies available on the Website, constitutes the entire and exclusive understanding and agreement between you and us regarding its subject matter and supersedes any and all previous understandings and agreements, whether written or oral, regarding such subject matter.
14. Contacting Us
If you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us.