Introduction
a. This is the Maribel Design website and these terms and conditions apply to the use of this website.
By accessing this website and/or placing an order you agree to be bound by these terms and
conditions.
b. We may modify these terms and conditions at any time by updating this posting.
c. The term "the seller" means us, Maribel Design; the term "the buyer" means you, the customer.
1. Our Details
Maribel Design
Quito - Ecuador
E-mail: l.garau@hotmail.com
Tel. 00593 - 85066111
Ruc (Vat Registration Number): on request
2. Prices
a. Prices of our products are displayed in American Dollars (USD). Prices do not include shipping and
handling, which is added when you complete your order.
b. We will modify prices without prior notice if we realize that there has been an error.
c. We may review the prices periodically.
3. Product Description
a. We will take all reasonable care to ensure that all details, descriptions, pictures and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system.
b. Please note that, as all Maribel Design's products are made by hand using natural materials, slight variations in colour and shape are inevitable. Indeed this is what makes our products so appealing to our customers.
c. Because the colours you see depends on your computer monitor, we cannot guarantee that your monitor's display of any colours will be accurate.
d. We may make one-off pieces that will no be reproduced. In this case we will describe the product as unique item in the product description.
4. Incoterms
Incoterms or international commercial terms are a series of international sales terms, published by International Chamber of Commerce (ICC) and widely used in international commercial transactions. They are used to divide transaction costs and responsibilities between buyer and seller and reflect state-of-the-art transportation practices.
4.1. We apply the Incoterm CPT (Carriage Paid To) (...Named Place of Destination) as defined by the Incoterms 2000 of the international Chamber of Commerce (ICC).
a. CPT is a term of Sale which means that the seller pays the freight for the carriage of the goods to the named destination. The risk of loss or damage to the goods, as well as any additional costs due to events occurring after the time the goods have been delivered to the carrier, is transferred from the seller to the buyer when the goods have been delivered into the custody of the carrier. If subsequent carriers are used for the carriage to the agreed upon destination, the risk passes when the goods have been delivered to the first carrier. The CPT term requires the seller to clear the goods for export.
b. Packages are not insured, but you may ask us to insure them for you. In this case the Incoterm CIP described in 4.2 will apply.
c. Even though this situation is extremely rare, if you do not receive your package or if something is damaged in transit, please follow these steps:
- contact us via e-mail immediately or as soon as possible.
- keep the packaging and the damaged items as the carrier may need to inspect them.
- do not use the damaged items.
- describe the damaged items in details, so that we have a record of your complaint to show to the carrier.
If you do not receive your package or if some items are damaged in transit, we will file a claim with the carrier. If the carrier reports the item has been delivered in perfect conditions, then any dispute you may have must be taken up with the carrier directly. We will be happy to provide any documentation you may need to do this, but we cannot replace/refund an order that the carrier reports as having been delivered in perfect conditions.
As your order is not insured, even if the carrier admits their responsability by accepting the claim, they will reimburs a fixed amount which is related to the package's weight and service chosen, not to the declared value of the goods. In this case we will replace/refund your order with an amount maximun equal to the refund we receive from the carrier.
The claim process could take up to 8 weeks.
4.2. If requested by the buyer, we can apply the Incoterm CIP (Carriage and Insurance Paid To) (...Named Place of Destination) as defined by the Incoterms 2000 of the international chamber of Commerce (ICC).
a. CIP is a Term of Sale which means the seller has the same obligations as under CPT, but with the addition that the seller has to procure cargo insurance against the buyer's risk of loss or damage to the goods during the carriage. The seller contracts for insurance and pays the insurance premium. The buyer should note that under the CIP term the seller is required to obtain insurance only on minimum coverage. The CIP term requires the seller to clear the goods for export.
b. In this case, as your order is insured, you are entitled to a full refund or replacement if your package is lost or some itemes are damaged in transit.
c. The claim process could take up to 8 weeks.
5. Ordering
a. You can order with us by sending an e-mail with the order data. We will send you the order form and the catalogue with a full description. We will also send you an acknowledgement confirmation with the total amount of your order, estimation of transportation costs and delivery time.
b. All our items are handmade and we may not have large quantities available at any time. If we have your order in stock we will dispatch it right away. If your items are not in stock, we will let you know by email how long it will take us to make them for you. You will always have the option to confirm your order or to cancel it if you would rather not wait.
c. After you confirm your order we will send you an acknowledgement confirmation stating that we have accepted your order.
d. We consider the contract made as soon as we receive your payment according to our payment conditions. We will start processing your order only after we receive your payment.
e. We may refuse to accept an order:
- if goods are not available,
- if there has been a pricing or product description error,
- if you do not meet any eligibility criteria set out in our terms and conditions,
- if we cannot obtain authorisation for your payment or if you have not made the payment,
f. There is not a minimum order as we sell both retail and wholesale.
However we apply discounts for a minimun wholesale order of $ 200.00
6. Payment
6.1. Conditions of Payment.
a. For retail orders: payment in advance
b. For wholesale orders: payment in advance, but for orders over $ 500 you may pay 50% when you place the order and the remaining 50% before we dispatch the goods.
6.2. Methods of payment:
a. Paypal
b. Western Union
c. Moneygram
d. Moneybookers
e. Xoom
f. Deposits into our Bank Account
7. Delivery
a. We ship from Quito, Ecuador. For international orders we offer our customers EMS (Express Mail Service) and CERTIFIED AIRMAIL which are both run by the post office. When we dispatch your order, we will send you a confirmation e-mail with the tracking number. You will receive your package at your address by the post office in your country. This service is the most convenient for our customers, it is the least expensive and the one that requires less formalities and costs in terms of customs clearance.
If you need a quickest service we may deliver with DHL, Fedex or UPS, even though these couriers are more expensive.
We do not send to PO Boxes.
b. The following ones are the average delivery times for international orders. Also allow 1-2 days for customs clearance. Note that during some particular busy periods of the year (Christamas, Easter) it may take longer to receive your order. The following ones are estimated delivery times, we are not responsible for any delays caused by the carrier.
EMS (Post Office)
Group 1 - America 4-5 days
Group 2 - Europe 6-7 days
Group 3 - Rest of the World 8-10 days
Certified Airmail (Post Office)
Group 1 - America 7-8 days
Group 2 - Europe 9-11 days
Group 3 - Rest of the World 12-13 days
d. We will let you know the total weight of your package and the delivery costs before you confirm your order, so that you may save by rounding up the weight of your order.
8. International Orders
a. Import taxes and Fees.
To import products, some countries charge import taxes and fees. Maribel Design recommends that you find out about your particular country's fees. These are charges over which we have no control.
We will send you all documentations required by law and you can also request a "Country of Origin Certificate".
b. Incoterms.
Incoterms or international commercial terms are a series of international sales terms, published by International Chamber of Commerce (ICC) and widely used in international commercial transactions. They are used to divide transaction costs and responsibilities between buyer and seller and reflect state-of-the-art transportation practices.
The present version is called INCOTERMS 2000.
Pleasee see our "Terms and Conditions" for more details.
9. Cancellation Rights
a. You may cancel your order within 7 working days of placing it. However, please note that you may remain bound to the agreement for part or the whole price of the products, according to the following conditions:
a1. If we have already dispatched your order, you remain bound to the purchase agrement for the total price which includes the price of the goods, delivery and insurance costs (if applicable).
a2. If we have not despatched your order yet, the following conditions apply:
- if you cancel your order before we have made obligations or payments to our suppliers, we will refund you of any amount you have already paid to us after deducting the costs of reimbursing you. In this case we will also apply a penalty of $ 20.00.
- if you cancel your order after we have made obligations or payments to our suppliers in relation to your order, you remain bound to the purchase contract in terms of 50% of the goods' price.
10. Returns
a. We only accept returns when we have delivered a wrong item by mistake, which is not likely to happen. We do not deliver damaged products. Although this situation is extremely are, if by any chance you receive a damaged product, please read the clause "Incoterms" in these Terms and Conditions since this damage must be due to courier's mishandling, which is not likely to happen either.
b. If you receive a wrong item, please let us know by sending an e-mail to l.garau@hotmail.com as soon as possible and in any case within a maximun of 3 days of receiving your order. Do not use the item and do not send it back to us until we authorise you to do so.
c. You may be asked to deliver the item back at your expenses via a method that we specify and we will refund you for the return delivery costs at a maximum equal to what we have paid to deliver it to you; we will refund you for the wrong item or we will exchange it. We will refund you or exchange the item only after we receive the item that you have returned to us.
e. The rights to return the goods to us will not apply in case the goods have been used.
11. Ownership and risk of the goods
a. Goods sold by us remain our property until the price of such goods and other possible costs have been paid by you.
b. However, all risks on the goods are yours from the moment we hand the good to the carrier.
12. Service Access
a. We do our best to ensure that this website is normally available 24 hours a day, but we will not be liable if for any reason this website is unavailable at any time or for any period.
b. Access to this website may be suspended temporarily and without notice for any reasons beyond our control.
13. Visitor conduct
a. Apart from personal information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations in relation to such material. We will be free to copy, disclose, distribute, incorporate and use such material for any commercial or non-commercial purposes.
b. You are prohibited from posting or transmitting to or from this Website any material:
- for which you have not obtained our permission;
- that is obscene, indecent, pornographic, threatening, defamatory, liable to incite racial hatred, discriminatory, menacing, scandalous, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance;
- which constitutes or encourages conduct that would be considered a criminal offence or be contrary to the law/rights of any third party, in Ecuador or any other country in the world;
- which is technically harmful (including computer viruses, Trojan horses, harmful components, worms and any other malicious software or harmful data).
c. You may not misuse the Website.
d. We will co-operate with the Ecuadorian or foreign law enforcement authorities or court order requesting us to disclose the identity of anyone posting any material in breach of clauses 10.b and 10.c.
14. Disclaimer
Even though we do our best to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
15. Liability
a. We are not responsible for any loss or damage, direct or indirect, caused by the carrier during the delivery process.
b. As we cannot verify whether our products and services comply with the legislation of your country, you accept your own responsibility to do so.
c. You are liable for all damage that we may have resulting from failure to fulfill your obligations arising from the agreement and this general conditions.
d. In case we are found liable for losses or damages and we are obliged to compensation, we will never be obliged to compensate more than the price of the delivered goods.
e. We exclude all liability and responsibility for any amount or kind of loss/damage that may result to you or a third party in connection with this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this or any websites linked to this website.
f. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you will assume all costs.
g. Yu are liable for all damage that we may have resulting from your failure to fulfill your obligations arising from the agreement and this general conditions.
16. Force majeure
We shall not be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond our control including, but not limited to Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), natural disasters (earthquakes, hurricanes, floods), wars, riots, performance failures of parties outside our control (e.g., disruptions in telephone service attributable to the telephone company or labor actions by employees of a common carrier) and/or any other cause beyond our reasonable control.
17. Privacy
We will use your personal information only and exclusively to process your orders.
Unless required to do so by law, we will not otherwise disclose your personal information to third parties.
18. Law and Jurisdiction
a. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Ecuadorian Courts.
b. We will try to solve any possible disputes through extrajudicial processes. If we do not reach an agreement through a collaborative way, we will solve the dispute through a judicial process resolution.
c. If any clause of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that clause will not affect the validity of the remaining clauses which shall continue to have full force and effect.
d. Only the parties to these terms and conditions may seek to enforce them.
