TERMS OF SERVICE

OVERVIEW

Welcome to Marluno! The terms “we”, “us” and “our” refer to Marluno. Marluno operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Marluno is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. Our Privacy Policy is available at:

https://marluno.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, territory or country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information.

You represent and warrant that all information you provide through our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, dimensions, details or product appearance may differ from how they appear on your screen due to the device, display settings and configuration you use to access the store.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or will be identical to how they are depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of products or services that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products or services from Marluno.

Marluno reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Marluno confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Marluno may be unable to accommodate cancellation or modification requests after an order has been accepted or processing has begun.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing information and/or telephone number provided at the time the order was placed.

Your purchases are subject to our Refund Policy:

https://marluno.com/policies/refund-policy

You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price displayed at the time the order is placed and will be set out in your order confirmation.

Unless otherwise expressly stated, posted prices may not include applicable taxes, shipping, handling, customs duties or import charges.

Prices displayed in our online store may differ from prices offered through other stores, marketplaces, sales channels or third-party websites.

We may offer promotions from time to time that affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms of a specific promotion and these Terms, the promotion terms will govern with respect to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as necessary.

You represent and warrant that:

(i) the payment information you provide is true, correct and complete;

(ii) you are duly authorized to use the payment method provided;

(iii) charges incurred by you will be honored by your payment provider; and

(iv) you will pay all charges incurred by you at the prices displayed at checkout, including shipping, handling, taxes, customs duties and other applicable charges where relevant.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times provided through the Services are estimates unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect or incomplete delivery information provided by the customer, severe weather, governmental actions, force majeure events or other circumstances outside our reasonable control.

Customers are responsible for providing complete and accurate shipping information when placing an order.

Where permitted by applicable law, risk of loss may transfer in accordance with the applicable shipping arrangement. Nothing in these Terms is intended to exclude or restrict any mandatory consumer rights regarding delivery or risk of loss that cannot legally be excluded.

For additional information regarding shipping, delivery and applicable conditions, please review our Shipping Policy:

https://marluno.com/policies/shipping-policy

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design, selection and arrangement thereof, are owned by Marluno, its affiliates, licensors or applicable rights holders and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

Unless expressly permitted by applicable law or authorized by us in writing, you must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other right to you under any patent, trademark, copyright or other intellectual property belonging to Marluno, Shopify or any third party.

Unauthorized use of the Services may violate applicable intellectual property laws.

All rights not expressly granted herein are reserved.

Marluno’s names, logos, product and service names, designs and slogans are trademarks or other intellectual property of Marluno or applicable licensors.

You must not use such intellectual property without prior written permission where permission is legally required.

Shopify’s name, logos, product and service names, designs and slogans are trademarks of Shopify or its affiliates.

All other names, logos, product and service names, designs and slogans displayed through the Services are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools, applications or functionality offered by third parties as part of the Services, which we may neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement.

To the maximum extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is at your own risk and discretion. You should ensure that you are familiar with and approve of the terms and privacy practices under which such tools are provided by the relevant third-party providers.

We may also offer new features, tools and resources through the Services in the future. Such new features shall form part of the Services and shall be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, functionality or hyperlinks to websites operated or provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability, security or practices of third-party materials or websites.

If you leave our Services to access third-party websites or services, you do so subject to the applicable third party’s terms and policies.

To the maximum extent permitted by applicable law, we are not liable for harm or damages arising from your access to third-party websites or your purchase or use of products, services, resources or content available through third parties.

Please carefully review the third party’s policies and practices before engaging in a transaction.

Complaints, claims, concerns or questions regarding third-party products or services should generally be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Marluno is powered by Shopify, which provides the ecommerce technology that enables us to provide the Services to you.

However, sales and purchases made through our Store are transactions directly between you and Marluno, except where expressly indicated otherwise.

By using the Services, you acknowledge that Shopify provides technology and related services supporting the Store but is not the seller of Marluno products.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for claims arising solely from products sold directly by Marluno.

Nothing in this section limits any rights or remedies that cannot legally be waived or excluded.

Shopify’s legal information is available at:

https://www.shopify.com/legal

SECTION 10 - PRIVACY POLICY

Personal information that we collect through the Services is handled in accordance with our Privacy Policy:

https://marluno.com/policies/privacy-policy

Because the Services are hosted or otherwise supported by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide, secure, personalize and improve Shopify services.

Information submitted through the Services may be transmitted to and processed by Shopify and other service providers, including providers located in countries other than the country in which you reside, subject to applicable data protection laws.

Please review Marluno’s Privacy Policy for additional information about how personal information is collected, used, disclosed and protected.

Shopify’s Consumer Privacy Policy is available at:

https://www.shopify.com/legal/privacy/consumers

Shopify’s privacy controls are available at:

https://privacy.shopify.com/

By using the Services, you acknowledge that you have had the opportunity to review the applicable privacy policies.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content to us (collectively, “Feedback”), you grant Marluno a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, translate and display such Feedback to the extent permitted by applicable law.

This license may be used for purposes including operating, providing, evaluating, improving and promoting the Services.

You represent and warrant that:

(i) you own or otherwise have the rights necessary to submit the Feedback;

(ii) you have disclosed any compensation or incentives received in connection with your Feedback where disclosure is required; and

(iii) your Feedback complies with these Terms and applicable law.

Except where otherwise required by law, we are under no obligation to maintain Feedback in confidence, compensate you for Feedback or respond to Feedback.

We may monitor, edit or remove Feedback that we reasonably determine violates these Terms, applicable law or the rights of another person.

You agree that your Feedback will not violate the rights of third parties, including copyright, trademark, privacy, publicity, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, defamatory, abusive or obscene material, malicious software, viruses or other harmful code.

You may not use a false identity, impersonate another person or otherwise intentionally mislead us or third parties regarding the origin of Feedback.

You are responsible for Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information made available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability or other information.

We reserve the right to correct errors, inaccuracies or omissions and to update information where appropriate.

If an error materially affects an order that you have already submitted, we may contact you regarding the error and take appropriate action consistent with applicable law, including cancellation and refund where necessary.

Nothing in this section affects mandatory consumer rights that apply to your purchase.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for an unlawful, fraudulent or malicious purpose;

(b) to violate applicable international, federal, national, provincial, state or local laws or regulations;

(c) to infringe our intellectual property rights or those of another person;

(d) to harass, abuse, threaten, defame, intimidate or unlawfully harm another person;

(e) to knowingly transmit false, fraudulent or materially misleading information;

(f) to upload, download, transmit or reuse material in violation of these Terms or applicable law;

(g) to transmit unauthorized advertising, junk mail, chain letters, spam or similar solicitations;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in conduct that unlawfully restricts or inhibits another person’s use of the Services or that may damage Marluno, Shopify, the Services or their users.

In addition, you agree not to:

(a) upload or transmit viruses, malicious code or other technology designed to interfere with the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or commercially exploit unauthorized portions of the Services;

(c) unlawfully collect or track personal information belonging to others;

(d) spam, phish, pharm, pretext or engage in similar deceptive practices;

(e) use robots, spiders, scraping tools, data extraction tools, automated systems, AI agents or other automated means to access the Services in violation of these Terms or technical restrictions applicable to the Services; or

(f) interfere with, bypass or circumvent security, authentication, authorization, robot exclusion or access-control measures.

We reserve the right to suspend, restrict or terminate access to the Services if we reasonably determine that these Terms have been violated, subject to applicable law.

SECTION 14 - AGENTS

14.1

This section (“Agent Terms”) applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services.

“Agent” means software or a service that takes autonomous or semi-autonomous actions on behalf of, or at the instruction of, a person or entity without requiring direct human supervision for every action.

14.2

No Agent may access, use or interact with the Services unless it identifies itself and operates in accordance with this Section 14.

An Agent must not access or interact with the Services if we have expressly requested that the Agent cease such access or interaction.

14.3

We may use reasonable technical measures to limit, restrict or control whether and how Agents access, use or interact with the Services.

14.4

Agents must:

(i) identify automated requests as originating from an Agent and, where technically applicable, disclose the Agent’s name in the user-agent string in the following format:

“Agent/[agent name]”

(ii) not intentionally conceal or misrepresent that access or interactions originate from an Agent;

(iii) not circumvent CAPTCHAs or other measures intended to distinguish automated access from human use;

(iv) respond truthfully to reasonable requests intended to determine whether an interaction originates from a human or automated system; and

(v) not circumvent or avoid technical measures intended to block, limit, modify or control Agent access to the Services.

SECTION 15 - TERMINATION

We may terminate or restrict your access to the Services, or any portion thereof, where permitted by applicable law, including where you violate these Terms, engage in fraud or misuse the Services.

You remain responsible for amounts lawfully due up to the effective date of termination.

The following provisions shall survive termination to the extent necessary to give them effect: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented on or through the Services is provided for general information purposes.

While we seek to maintain accurate and current information, we do not warrant the accuracy, completeness or usefulness of general informational content except where warranties or representations are expressly provided or required by applicable law.

EXCEPT AS EXPRESSLY STATED BY MARLUNO OR REQUIRED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS MAY INCLUDE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS EXCLUDES ANY STATUTORY WARRANTY, GUARANTEE OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARLUNO AND ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, WHERE SUCH LIABILITY MAY LAWFULLY BE LIMITED OR EXCLUDED.

THIS MAY INCLUDE LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS.

THE ABOVE LIMITATIONS SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING ANY MANDATORY CONSUMER RIGHTS THAT APPLY TO YOU.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Marluno and its affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from third-party losses, damages, liabilities or claims, including reasonable legal fees, arising from:

(1) your material breach of these Terms or documents incorporated herein;

(2) your violation of applicable law or the rights of a third party; or

(3) your unlawful or unauthorized access to or use of the Services.

Where applicable, we will provide reasonable notice of an indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced by the delay.

Where permitted by law, we may control the defense and settlement of a covered claim, including the choice of counsel. We will not agree to a settlement that imposes material non-monetary obligations on you without your consent, which shall not be unreasonably withheld.

You agree to reasonably cooperate in the defense of covered claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law.

Any unenforceable portion shall be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules expressly incorporated by reference or posted by us in connection with the Services, constitute the agreement between you and Marluno regarding your use of the Services and supersede prior or contemporaneous agreements and communications regarding the same subject matter, except where otherwise expressly agreed in writing.

Nothing in this section limits rights that cannot be waived under applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or your rights and obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may transfer, assign or delegate these Terms and our rights and obligations in connection with a merger, acquisition, corporate restructuring, sale of assets or similar transaction, or as otherwise permitted by applicable law.

Nothing in this section limits any mandatory rights you may have under applicable consumer law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements through which Marluno provides Services shall be governed by the laws applicable to Marluno’s place of establishment, except to the extent mandatory consumer protection or conflict-of-law rules require otherwise.

Any dispute shall be submitted to courts having jurisdiction under applicable law.

If you are a consumer, nothing in this section deprives you of mandatory protections or rights to bring proceedings in a jurisdiction available to you under applicable consumer law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at:

https://marluno.com/policies/terms-of-service

We reserve the right to update, change or replace portions of these Terms by publishing an updated version through the Services.

Where required by applicable law, we will provide notice of material changes and specify when those changes become effective.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Changes will not retroactively deprive you of rights relating to purchases completed before the changes became effective where applicable law prohibits such an effect.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

MARLUNO

Website:
https://marluno.com/

Email:
suport@marluno.com

Privacy Policy:
https://marluno.com/policies/privacy-policy

Refund Policy:
https://marluno.com/policies/refund-policy

Shipping Policy:
https://marluno.com/policies/shipping-policy

Terms of Service:
https://marluno.com/policies/terms-of-service