GENERAL CONDITION
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://turtlecontacts.com website (the “Service”) operated by Marimonda Ltd. (“us”, “we”, or “our”). All services are provided to the cardholder by Marimonda Ltd.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These terms apply to all visitors, users and others who access or use the Service.
The Service is provided by Marimonda Ltd and all enquires and complaints should be directed to Marimonda Ltd via the contact page or by contacting us at 4 Clissold Court, Greenway Close, London, N4 2EZ or calling +1 747 241 9148.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY MARIMONDA LTD’S ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. NO MARIMONDA LTD’S PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE MARIMONDA LTD ’S PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES), OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NO MARIMONDA LTD PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM MARIMONDA LTD’S OR ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY MARIMONDA LTD’S PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE MARIMONDA LTD’S PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS IN THE IMMEDIATELY PRECEDING PARAGRAPH DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN MARIMONDA LTD’S WARRANTY (AS DEFINED ABOVE).
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
COSMETIC AND PERSONAL CARE PRODUCTS
PURCHASE OF COSMETIC AND PERSONAL CARE PRODUCTS
MARIMONDA LTD’S may offer cosmetic and personal care products, including but not limited to contact lenses, skin care products, makeup, and fragrances, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products. For concern and questions, please contact us at 4 Clissold Court, Greenway Close, London, N4 2EZ or call +1 747 241 9148.
NO PROFESSIONAL ADVICE; RISK OF USE
All information supplied through the Site or by any MARIMONDA LTD’S Party, whether by telephone, e-mail, letter, facsimile or other forms of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professionals before making medical decisions and before making purchasing decisions related to personal care products. You must carefully read and follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.
The receipt of any questions or feedback you submit to MARIMONDA LTD’S does not create a professional relationship and does not establish any privacy rights other than those described in MARIMONDA LTD’S Privacy Policy.
CONTACT LENSES
It is your responsibility to have your eyes examined by an eye care professional before purchasing contact lenses through the Site and regularly thereafter. You agree to follow your eye care professional’s instructions for the proper use and care of any contact lenses purchased through the Site.
In addition to the terms set forth above with respect to all cosmetic and personal care products (and without limiting the generality thereof), by placing an order through the Site for prescription contact lenses, you certify, represent and warrant that (1) with respect to the contact lenses you are ordering you have a valid prescription issued within the timeframe required by law in your jurisdiction of residence following a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction and (2) you have not, since your last issuance of a valid prescription pursuant to a physical eye examination conducted by a registered eye care professional licensed in your country, state, province or other applicable jurisdiction, suffered from an eye condition requiring treatment or been advised to stop wearing contact lenses by an eye care professional or medical practitioner. When you order contact lenses through the Site, you are responsible for entering the correct contact lens information according to your contact lens prescription. If you experience any pain or discomfort from any contact lenses purchased through the Site, you agree to discontinue use immediately and consult your eye care professional.
Due to different monitor settings, please keep in mind that the actual colours of the contact lenses may not match 100% with those on your screen.
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF UNITED KINGDOM: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS, AND PRODUCT REGULATION
MARIMONDA LTD’S product inventory available on the Site includes hundreds of products, and product listings are continually being changed and updated.
MARIMONDA LTD’S customers are located in various parts of the world. As a result, it is not practical for MARIMONDA LTD’S to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.
MARIMONDA LTD’S MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT SELLS ARE GENUINE AND LEGITIMATE. IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS, AND OTHER LOCAL LAWS. IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED MARIMONDA LTD’S TO SHIP THE PRODUCT, AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE“IMPORTER” AND “INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT, AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT MARIMONDA LTD’S ROLE IS LIMITED TO PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN UNITED KINGDOM AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED MARIMONDA LTD’S TO SHIP PRODUCTS. IN NO EVENT WILL MARIMONDA LTD’S OR ANY OTHER MARIMONDA LTD’S PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY MARIMONDA LTD’S PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE UNITED KINGDOM SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS, AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site, customers outside of United Kingdom authorise MARIMONDA LTD’S to make arrangements for clearance of customs on their behalf for the products they have ordered.
TAXES
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of your purchases, MARIMONDA LTD’S will automatically charge and withhold any applicable fee that it deems is required in any relevant jurisdictions.
CURRENCIES
All transactions conducted by or with MARIMONDA LTD’S, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in US Dollars.
Payment made by credit card in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer. Please consult your credit card issuer agreement or the user agreement for the services for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to the credit card issuer, which may result in the actual price paid to be higher than the posted US Dollar price.
The Site allows users the opportunity to choose a “Reference Currency.” The Reference Currency function converts the US Dollar prices shown on the Site to a currency selected by the user from those available on the Site. REFERENCE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO MARIMONDA LTD’S; HOWEVER, MARIMONDA LTD’S IS NOT A BANK OR A CURRENCY DEALER AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. REFERENCE CURRENCY PRICES ARE FOR CONVENIENCE OF REFERENCE ONLY, AND REFERENCE CURRENCY EXCHANGE RATES MAY BE UPDATED BY ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
In no event will any MARIMONDA LTD’S Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, and constructed in accordance with, English law. The parties irrevocably agree that the courts of United Kingdom shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purpose irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of Marimonda Ltd, Marimonda Ltd shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into the course of your trade or profession, the country of your principal place of business.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
DISPUTE RESOLUTION
These Conditions shall be constructed in accordance with the laws of United Kingdom, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the country of the United Kingdom.
Any dispute relating to any activity on Marimonda Ltd’s website or the purchase of any Marimonda Ltd’s website products shall be submitted to confidential arbitration in London, United Kingdom, unless you have in some way, threatened or violated Marimonda Ltd’s intellectual property rights, whereby Marimonda Ltd. may seek an injunctive. All enquiries and complaints should be directed to Marimonda Ltd’s legal team and customer service team through the contact page.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.