Terms of service
OVERVIEW
This website located at https://www.marbleyourspace.com (the "Site") is operated by BandDers LLC. Throughout the Site, the terms "we," "us," and "our" refer to BandDers LLC. We offer the Site, including all information, tools, and Services available on the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By visiting the 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 any additional terms, conditions, and policies referenced herein. These Terms 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 carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, 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 have given us your consent to allow any of your minor dependents to use the Site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any applicable laws in your jurisdiction (including, without limitation, copyright laws).
You must not transmit or introduce any viruses, malware, malicious code, or other harmful technology that may damage, interfere with, or disrupt the operation of the Site or any related systems.
A breach or violation of these Terms may result in the immediate suspension or termination of your access to the Site and our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right, to the extent permitted by applicable law, to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes necessary to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, your use of the Service, your access to the Service, or any contact information available through the Site, without our express prior written consent.
The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the 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 the Site is at your own risk.
The Site may contain certain historical information. Historical information is, by its nature, not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
To the extent permitted by applicable law, we shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only in accordance with our Return & Refund Policy.
Unless otherwise required by applicable law, all sales are final. We do not accept returns or exchanges due to change of mind.
If your order arrives damaged, defective or incorrect, you must notify us within seven (7) days of delivery by providing your order number together with clear photographs of the damaged item(s). Failure to notify us within this period may result in our inability to process your claim. Approved claims will be resolved at our sole discretion through a replacement, refund, store credit, or another appropriate remedy.
DELIVERY ATTEMPTS
If a delivery cannot be completed because the recipient is unavailable, fails to collect the shipment following a delivery attempt, or provides an incorrect or incomplete shipping address, it is the recipient's responsibility to contact the local postal service or shipping carrier to arrange for redelivery or collection, where applicable.
We are not responsible for any delays, additional storage fees, return shipping charges, reshipping costs, or loss of the shipment arising from these circumstances.
If you experience an issue with your order, we encourage you to contact us before initiating a chargeback so that we may have the opportunity to resolve the matter. We reserve the right to dispute any chargeback that we reasonably believe to be fraudulent, abusive, or otherwise inconsistent with these Terms.
We have made every effort to display the colors and images of our products as accurately as possible on the Site. However, we cannot guarantee that your device or monitor will accurately display every color.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on the Site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other materials 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, at 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 the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed. 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 through the Site. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
For more information, please review our Return & Refund Policy..
SECTION 7 - THIRD-PARTY TOOLS AND SERVICES
We may provide you with access to third-party tools or services over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such third-party tools and services on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. To the extent permitted by applicable law, we shall have no liability whatsoever arising from or relating to your use of any third-party tools or services.
Any use by you of third-party tools or services made available through the Site is entirely at your own risk and discretion. You are responsible for reviewing and agreeing to the terms and conditions applicable to such third-party providers before using their tools or services.
We may also, in the future, offer new Services, features, tools, or resources through the Site. Any such new Services, features, tools, or resources shall also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available through our Service may include materials from third parties.
Third-party links on the Site may direct you to websites or services operated by third parties that are not owned or controlled by us. The inclusion of any third-party link does not imply our endorsement, approval, or sponsorship of the linked website, its content, products, or services.
We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party websites or services. To the extent permitted by applicable law, we make no warranties and assume no liability or responsibility for any third-party materials, websites, products, or services.
To the extent permitted by applicable law, we shall not be liable for any harm, loss, or damages arising out of or relating to your purchase or use of any goods, Services, resources, content, or other transactions made in connection with any third-party websites or services.
We encourage you to review the applicable terms, conditions, policies, and practices of any third-party website before engaging in any transaction or using any third-party service. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party provider.
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 submit ideas, feedback, creative works, or other materials, whether online, by email, through the Site, by postal mail, or otherwise (collectively, "Submissions"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use such Submissions in any medium. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions. You further acknowledge that any ideas, feedback, or other Submissions you voluntarily provide may be used by us without restriction or compensation, and that you acquire no ownership rights in any products, product improvements, designs, formulations, or other developments created by us based, in whole or in part, on such Submissions.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person's intellectual property rights or these Terms.
You agree that your Submissions will not violate any rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights. You further agree that your Submissions will not contain libelous, unlawful, abusive, or obscene material, or any viruses, malware, malicious code, or other harmful technology that could interfere with the operation of the Service, the Site, or any related systems.
You may not use a false email address, impersonate another person, or otherwise mislead us or any third party as to the origin of any Submissions. You are solely responsible for your Submissions and their accuracy. To the extent permitted by applicable law, we assume no responsibility or liability for any Submissions posted or submitted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy.
For more information, please review our Privacy Policy.
SECTION 11 - ELECTRONIC COMMUNICATIONS
By using the Site, creating an account, placing an order, or otherwise communicating with us electronically, you consent to receive communications from us electronically, including by email or through the Site.
You agree that all agreements, notices, disclosures, confirmations, invoices, order updates, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
You are responsible for providing and maintaining a valid email address and for ensuring that communications from us can be received. We are not responsible for any delays or failures in communication resulting from inaccurate contact information, email filtering, or circumstances beyond our reasonable control.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on the Site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, product images, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information on the Site or in the Service, including, without limitation, pricing information, except as required by applicable law. No specified update or refresh date displayed on the Site or in the Service should be interpreted as indicating that all information has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms, 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 applicable international, federal, state, provincial, or local laws, regulations, rules, or 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 any viruses, malware, malicious code, or other harmful technology that may affect the functionality or operation of the Service, the Site, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or otherwise engage in unauthorized data collection or automated access;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service, the Site, or any related systems;
(l) to export, re-export, sell, supply, or otherwise make available our products or Services in violation of any applicable export control, sanctions, trade laws, or regulations.
We reserve the right to suspend or terminate your access to the Site or your use of the Service if you violate any of these prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results 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 or discontinue the Service at any time without notice.
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 on an "as is" and "as available" basis, without any representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall BandDers LLC, its 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 the Service or any products purchased through 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 made available through the Service, even if advised of the possibility of such damages.
Because some states, provinces, countries, or other jurisdictions do not allow the exclusion or limitation of liability for certain damages, our liability in those jurisdictions shall be limited to the maximum extent permitted by applicable law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BandDers LLC and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any claim, demand, liability, damage, loss, cost, or expense (including reasonable attorneys' fees) asserted by any third party arising out of or relating to:
(a) your breach of these Terms or any policies referenced herein;
(b) your violation of any applicable law; or
(c) your infringement of the rights of any third party.
SECTION 16 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.
Such determination shall not affect the validity or enforceability of any remaining provision of these Terms.
SECTION 17 - TERMINATION
Any obligations or liabilities incurred by either party prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Site or, if applicable, by notifying us that you no longer wish to use our Services.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may suspend or terminate your access to the Site or the Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, together with any policies or operating rules posted on the Site or with respect to the Service, constitute 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 any prior versions of these Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
SECTION 20 - CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify, update, or replace any part of these Terms at any time by posting the revised version on the Site.
The most current version of these Terms will always be available on this page. Your continued use of or access to the Site or the Services after any changes have been posted constitutes your acceptance of the revised Terms.
SECTION 21 - CONTACT INFORMATION
Questions about these Terms should be sent to us at admin@bandders.com.