Last updated: Oct-17-2017
These terms and conditions govern the sale of products (“Products”) and the provision of services (“Services”) by Marten and its subsidiaries in Europe (“Seller”). These terms and conditions (“Conditions”) take precedence over Buyer’s terms and conditions including any supplemental or conflicting terms and conditions to which notice of objection is hereby given. Acceptance by Buyer is limited to these terms and conditions. Neither Seller’s commencement of performance nor delivery shall be deemed or constituted as acceptance of Buyer’s supplemental or conflicting terms and conditions. Buyer’s acceptance of delivery of the Products and/or Services from Seller shall be deemed to constitute acceptance of these Conditions.
This Service is intended solely for people (18) years of age or older, and any registration. Use or access to the Service by anyone under 18 is strictly prohibited. Marten reserves the right to limit or restrict access by any person, in our sole discretion.
Intellectual Property Rights
Other than the content you own, under these Terms, Marten and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of Purchase and viewing the material contained on this Website.
You are specifically restricted from all of the following
- selling, sublicensing and/or otherwise commercialising any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card information to the third party such as PayPal and others.
Technical Assistance or Advice
Any technical assistance or advice offered by Seller regarding use of any Product or Service or provided in connection with Buyer’s purchases is given free of charge and as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied. Buyer acknowledges that it does not rely on any such representations that are not so confirmed. Any typographical or other error or omission in any sales literature, pricing, invoice or quote is subject to correction without any liability on the Seller’s part.
Seller shall not be liable for its inability to secure sufficient quantities of any Products or failure to perform or to deliver Products or Services due to causes beyond Seller’s reasonable control including, but not limited to, Acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, or shortage of Product, which shall be considered as circumstances of force majeure excusing Seller from performance and barring remedies for non-performance. If force majeure circumstances occur, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure circumstances without subjecting Seller to any liability or penalty. Seller may, at its option, suspend performance, cancel, terminate or vary the terms of the contract for the relevant Products/Services, without any liability or penalty, by giving notice to Buyer.
You hereby indemnify to the fullest extent Marten® from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
The Marten® is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Marten and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Shipping will be to a UK address only.
Choice of Law
This Agreement shall be governed by English law. The parties agree to submit to the exclusive jurisdiction of the English courts save that the Seller may commence proceedings in the courts of the Buyer’s domicile.