- GENERAL TERMS
A.1 Welcome to marcon.com.mt We thank you for your interest. This Website is provided for your convenience and provides information on our sister companies, Sagatex Company Limited and Marcon Retail Ltd. and on products we offer.
Both companies, Sagatex Company Limited and Marcon Retail Ltd. are limited liability companies registered in Malta having their address at 87, Mon Cheri, Patri Pelaġju Mifsud Street Żebbuġ and 109, Believe, Patri Pelaġju Mifsud Street, Żebbuġ, respectively
A.2 Please read these terms and conditions (“T&Cs”) carefully as they contain important Information about your rights and obligation which apply to you and all persons who access and use this website at domain marcon.com.mt (the “website”) as a written agreement. Please do not subscribe to, continue to access or use the website or services offered on the website if you do not intend to be bound by these terms and conditions contained herein and any other policies incorporated herein by reference. In these T&Cs, the term “We” and such words as “our” or “us” refers to Sagatex Company Limited and Marcon Retail Ltd.
A.4 We welcome any suggestions that you make about how we may improve this Website and our services. Please do not hesitate to write to us at [email protected]. We strive to acknowledge and reply to all customer feedback in a reasonable time.
A.6 For purposes of the Terms and Conditions, the term “Website” includes, without limitation, those parts of the Website that you can access through or by means of this Website, if any, including without limitation the publicly available content, materials and information, and any portion thereof, and any other information or materials that may be available to you if you have created an account with the Website (the “Content”).
A.7 In these T&Cs words in the singular shall include the plural and vice versa, references to any gender shall include the others and references to legal persons shall include natural persons and vice versa. The headings in these T&Cs are intended for reference only and shall not affect their construction. Any reference in these T&Cs to a statute or law shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
A.8 These T&Cs shall apply as a contract to the exclusion of any other terms and conditions contained or referred to in any order, letter, form of contract or other communication or correspondence sent between you and us and the provisions of these conditions shall prevail unless expressly varied in writing and signed by a director on our (the Company’s) behalf. Any concession made or latitude allowed by us shall not affect our strict rights under these T&Cs.
- EXPRESS TERMS & CONDITIONS
- LICENSE TO THE CONTENT
1.1 Unless otherwise terminated we grant you a limited, non-exclusive, non-transferable license to access the Website for informational purposes only and to print and/or save copies of the Content with or on your personal computer, solely for your use in obtaining information regarding our company and our products and/or making orders for such products. Any other use of the Content or the Website is expressly prohibited. All other rights in the Content and the Web Site are reserved by us and our licensors.
- INTELLECTUAL PROPERTY RIGHTS
2.1 The name Sagatex Company Limited and Marcon Retail Ltd (or Marcon Group or Brickstone or Grizzly or Pippa and our company’s logos
individually, and jointly together, constitute our trade name and are protected by law.
2.2 The domain name http://marcon.com.mt is registered in our name and is our property. The domain name incorporates and reflects our trade name and therefore you are prohibited from claiming any rights whatsoever in the trade name and/or domain name and therefore you shall not register (or attempt to register) or permitting the registration of the said domain name, or similar derivatives thereof in your or any other person’s name. You shall not use our company trade name, domain name, logo or similar derivates thereof except with our prior consent and authorisation. We reserve the exclusive right to register such name and all any derivates thereof as a trade mark and to register and claim all any rights attached thereto.
2.3 These T&Cs do not and are not intended to create any ownership or intellectual property rights transfer or assignment and any rights in such intellectual property is reserved towards us. All intellectual property, including copyright, trade-marks, service-marks patents, rights in preparatory works, database rights and intellectual property, and all title, rights and interest therein, in the Website and/or in the content provided by us on the Website or accessible through the Website (in whatsoever format, whether digitally or electronic and whether text, images, video, graphics, sound, music, melody, design, information, applications, source code, software, artwork design) are our exclusive property or is otherwise duly licensed to us.
Use of such intellectual property is subject to the terms of any license governing such use and any other use beyond that permitted in the license or under these T&Cs shall be an infringement of these T&Cs. Where it is not clear whether a license exists or what the license terms are, You are obliged to contact the Company to obtain prior written authorisation to use such intellectual property subject to the terms and conditions in our discretion, provided that we reserve the right to refuse, suspend or terminate any such license or authorisation. Any other use is subject to the obtaining of written prior consent from the rightful owner of the intellectual property. Any license provided hereunder is non-exclusive and limited within the territory as may be indicated. The license is non-transferable and any assignment thereof without the Company’s consent shall be null and void ab initio. Except as may be permitted in writing the trading, publication of the license or of the intellectual property is forbidden. Copying of such content, services or products or of the intellectual property is forbidden except as is necessary for their proper, reasonable and normal viewing and access and for purposes of creating back-ups. Back-ups are intended to be used only when the original shall no longer be accessible or is no longer functional and shall be used only until the original shall have been reinstated. All back-ups and copies are and shall remain our property. You may access and download material from this Website only for personal use and only for the sole purpose of using this Website for the purpose for which it is intended. You shall not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Website without our prior written consent and authorisation.
- THIRD-PARTY LINKS
3.1 This Website may contain links to websites operated by third parties to which we have no control and in relation to which we have no editorial or design control or verification over their individual content whatsoever including but not limited to their imagery, text and/or links. We cannot and do not make any warranties or representations as to the accuracy or completeness of any of the information appearing on or via any linked website/s. The links are for your convenience only and we do not offer, recommend or otherwise guarantee any products or services advertised on those websites. If you choose to access any third-party website linked from this Website, you do so at your own risk.
- ADVERTISED PRODUCTS AND SERVICES
4.1 The details of products and services available on this Website are provided for general information only and whilst we use our best endeavours to prevent errors and omissions we cannot verify or make any guarantees or representations as to their validity or correctness and furthermore make no warranties or representations as to their accuracy or completeness.
4.2 Prices quoted on the Website are in EURO and are inclusive of VAT (where applicable, at the current rates established by law). We reserve to correct any good faith errors in displayed pricing or VAT calculations which are discovered at any time, including after you submit an order in which case you shall be informed of the error and shall be permitted to cancel or amend your order.
4.3 Prices stated on the Website are on an invitation-to-treat basis and apply only to stipulated quantities. Prices may vary if quantities vary.
4.4 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
4.5 All orders placed by you with us by the Buyer shall constitute an offer to us under these T&Cs, subject to availability of the products/services and to the acceptance of the Order by us. An order is submitted by you and is deemed final once you tick to opt in and positively accept these T&Cs and click the button “Place Order”.
4.6 An Order is not confirmed by us (and a contract of sale between you and us does not take place) unless and until accepted by us at the moment of dispatch of the product/s ordered by you. Completion of the contract occurs upon payment as provided in Clause 4.7 below.
4.7 No amendment of these T&Cs will be valid unless confirmed in writing on or after the date hereof by the Company’s authorised representative.
4.8 Specific Terms: The following terms apply:
4.8.1 All products may be collected from our outlet in Daniel’s Mall Hamrun, Monday to Saturday between 10:00am and 18:00pm (excluding public holidays). For the time being, we are only accepting Maltese transactions. Orders that need to be shipped out of Malta are subject to specific confirmation by us.
4.8.2 Full payment is obligatory through our website, and before collecting the products from our outlet. We may terminate any agreement between us in case of non-payment. You agree to indemnify us in respect of any loss, cost or expense incurred as a result, directly or indirectly, of your instructions or lack of instructions or through any failure or delay whatsoever in taking delivery or through any other act, neglect or default on your part.
4.8.3 Items must be checked upon collection, and before leaving our premises. Any damages must be notified immediately to one of our staff members.
4.8.4 “Cooling OFF Period” of 15 days does not apply since the Buyer is collecting the order from our outlet. If you change your mind or want to replace your products, you may return the product/s, unused, in its original packing, in a saleable condition, accompanied by all documentation (receipt), within 7 days of collection, and a credit note will be issued. Damages caused to any returned product, which is due to faulty repacking or use, is the responsibility of the Buyer.
- YOUR OBLIGATIONS
5.1 You accept and undertake to abide by these T&Cs at all times and to inform us of any actual or potential non-compliance with these T&Cs of which you may be aware of. You shall only access and use this Website and its contents for purposes for which they are intended, that is, for general information purposes and/or to make orders.
5.2 You shall not misuse our system or this Website or fail to comply with these T&Cs and in so doing You undertake to:
(i) not hack into, circumvent security or otherwise disrupt the operation of our system and the Website, or attempt to carry out or permit any other person to carry out any of the foregoing;
(ii) be solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Website and that your computer system is compatible with this Website;
(iii) not use, attempt to use or assist or permit any third party to use any automated program (including, without limitation, any bot, robot, spider or web-crawler or similar device) to access our system or this Website and its contents, or to search, display or obtain links to any part of this Website. Any such use or attempted use of an automated program shall be a misuse of our system and this Website;
(iv) not include links to this Website in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any “deep link” to any page on this Website other than the home page without our prior written consent;
(v) not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email You send or submit, from or to the Website;
(vi) not infringe our Intellectual Property Rights or those of any third-party;
(vii) not to violate any third-party rights or commit or attempt to commit any illegal act via the Website or its services including of harassment, or incitement;
(viii) not to commit any act or omission which may cause damage or disruption to us or our business, including any act of hacking, sending of viruses, denial of service attacks or delivery of spam mail;
(ix) not say or promote anything untrue which may damage the goodwill and our reputation;
(x) to provide factual and true identifiers about yourself when so requested;
(xi) to use the Website or any of its content, products and services as permitted in accordance with these terms and conditions;
(xii) not to permit any third-person to carry out the above acts or omissions in breach of these terms and conditions.
- REGISTRATION & CONTACT
6.1 To access and/or receive details on this Website or to contact us and to submit an order, you shall be required to submit a completed registration form to us or to otherwise provide us with some personal details including billing details.
6.2 When requested to provide information, you shall provide clear, true, accurate, complete and up to date information and to keep such information as accurate, up to date and complete.
6.3 If we grant you access to any accounts, having a username, pin or other password, you undertake to retain such username, pin or passwords as private and confidential. You shall be responsible for any actions or transactions carried out on or via such accounts and with the use of such username and password combination. In so doing you shall ensure that such username and/or password is not defamatory, offensive, in breach of intellectual property rights or otherwise unlawful. We reserve our rights to amend such username, pin or passwords at our sole discretion. Any infringement of these T&Cs by any third-party user of such username or passwords or account shall be deemed to be an infringement by you.
6.4 Please note phone calls may be recorded for training and customer service purposes.
6.5 You acknowledge and agree that we may process, store and preserve content (including content relating to you) and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these T&Cs; (c) respond to claims that any content violates the rights of third- parties; or (d) protect the rights, property, or safety of our Company and its members, the Website, its users, and the public.
7.1 We reserve the right to bar users, including you, from this Website and/or restrict or block their access or use of any and all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user may at our discretion be notified of such barring and any barred user must not attempt to use this Website under any other name or through any other user. In the event of barring, the licence granted by these Terms may be suspended or terminated in our discretion.
8.1 As a result of the nature of the Internet and software generally, whilst we carry out our best endeavour to ensure that any material available for downloading from this Website is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
8.2 We do not warrant that your access to, or the running of, this Website will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control or if the Website or parts thereof are inaccessible for any time whatsoever. We do not guarantee any service levels or uptime.
8.3 You understand and agree that we make no warranty or guarantee that the Website or information available over it complies with laws other than those of the Laws of Malta.
8.4 You understand and agree that the Website is provided “as is” without any conditions, warranties or other terms of any kind. The Company assumes no responsibility for the timeliness, deletion, faulty delivery or failure to store or backup any data, communications or settings.
9.1 We shall not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control and we do not accept any liability for loss of any password which we you may be supplied with caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
9.2 We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Website. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Website.
9.3 We accept no liability whatsoever for any loss suffered as a result of your use of this Website or reliance on any information provided or advertised on it, and exclude such liability to the fullest extent permitted by law.
9.4 We shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs and expenses and/or for loss of profit; loss of business; economic loss, loss of reputation; depletion of goodwill; or loss of, damage to or corruption of data.
9.6 We have no obligation to monitor your use of the Website or retain the content of any of your sessions on the Website. By transmitting information through the Website, you accept the risk that such information as well as any information that we transmit to you, may be intercepted by third parties. In addition, messages that you send to us by e-mail may not be secure. We recommend that you do not send any confidential information to us by e-mail. If you choose to send any confidential information to us via e-mail, you accept the risk that this information may be intercepted by third-parties. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or as otherwise may be legally permissible.
9.7 Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.
9.8 If you ae a consumer, this clause does not affect your statutory rights as a consumer, nor does it affect your statutory contract cancellation rights.
- EQUITABLE PRECAUTIONARY RELIEF
10.1 You acknowledge that any use or threatened use of this Website or Content in a manner inconsistent with these Terms and Conditions shall cause immediate irreparable harm to us and/or our related entities for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that we (and the other related entities) shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. Nothing contained herein shall limit our right or any other entity to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms and Conditions, as applicable.
- APPLICABLE LAW & JURISDICTION
11.1 These T&Cs shall be governed, construed and interpreted by and in terms of Maltese law. You irrevocably agree that the competent courts of Malta will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these T&Cs and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Maltese courts. Provided however that we may seek precautionary remedies and/or enforce any awards in any jurisdiction whatsoever.
12.1 All notices shall be given as follows:
– to us, by email on: [email protected] or by post to 109, Believe, Patri Pelaġju Mifsud Street, Żebbuġ Malta, ŻBĠ3038.
– to You, by email to the last email address that You provided to us.
12.2 All notices sent by email will be deemed to have been received on receipt (or, when received on a Maltese national or statutory holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.
13.1 We may from to time to time change the content of this Website or suspend or discontinue any part of this Website, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Website will be subject to these T&Cs.
13.2 We shall be entitled to delay or cancel the performance of our obligations under these T&Cs if and to the extent that we are prevented from or hindered in or delayed in manufacturing, obtaining, delivering or making available for collection any products/services by normal route or means of delivery through any circumstances beyond our control including but not limited to force majeure, strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
13.3 These T&Cs are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us.
13.4 If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms shall continue and that part which is not applicable shall be replaced with a provision that best reflects the original intention of the inapplicable part to the extent permitted.
13.5 A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions.
13.6 You may not assign or transfer any benefit, interest or obligation under these Terms, whether by operation of law, change of control or otherwise, either in whole or in part, except with our prior written consent. We have a right to assign these terms and conditions.
13.7 The relationship between us and you is that of independent parties. Neither party is the agent of the other nor does a party have any authority to make any contract or make any obligation expressly or implied in the name of the other party, without that party’s prior written consent for express purposes.
13.8 The information provided on this Website may change at any time. In addition, eligibility or suitability requirements to access the Website may apply for access to this information or any transaction with or regarding Marcon Group and this website and our products and services may not be available in all geographic areas.
If you have any questions regarding these Terms and Conditions, please contact us by email at: [email protected].mt
V01 June 2020
(Last Updated June 2020)
The Website is operated by Sagatex Company Limited and Marcon Retail Ltd (“Marcon Group/we/our/us”) a company incorporated in Malta.
We do not knowingly collect data from any unsupervised person under the age of 18. If you are under the age of 18, you must not use our website or submit any personal data to us unless you have the consent of, and are supervised by, your parent or legal guardian.
Our use of your personal information includes:
1. When you register and use this site:
- You will be asked to provide certain information such as your name, contact details and billing details including address. We will store this data and hold it on computers or otherwise. We will use this data to fulfil our agreement with you and for accounting purposes.
- Some of our services may require further details. For example, when contacting customer care, this may require further information to assist our team to assist you.
- We may use information that you provide or that is obtained by us:
- to register you with our website and to manage any account you hold with us.
b. to administer our website services.
c. to give to companies and organisations whose products we provide to you.
d. to fulfil our agreement with you and to process your order, make delivery and obtain payment.
e. to analyse and profile your shopping preferences e.g. (market, customer and product analysis) to enable us (i) to provide you with a personalised browsing experience when using the website and (ii) to review, develop and improve the products and services which we offer and to enable us to provide you and other customers with relevant information through our marketing programme.
f. we may use your information to make decisions about you using computerised technology, for example automatically selecting products and/or services which we think will interest you from the information we have.
g. we may keep you informed of such products and services (including products and services of other companies and organisations and including special offers, discounts, offers, competitions, warranties, insurance and so on) which we consider may be of interest to you by any of the following methods: Email, Telephone (including automated calls), SMS text messages and other electronic messages such as picture messaging, Post Or otherwise.
h. to administer any prize draws or competitions you may enter.
- If you do not wish to receive information of products and services which may be of interest to you from us or carefully chosen third parties, please select the opt-out option where appropriate.
- We may supplement the information that you provide to us with information that we receive from third parties. In particular we will carry out searches with credit reference agencies.
- We may engage third party payment providers to administer and process your payment card details in order to complete any purchase that you make through the website.
- We may store and process your information on our own information technology systems or on systems owned by third parties that may store and process your information on our behalf.
- In order to protect our customers and us from fraud and theft, we may pass on information that we obtain from making identity checks and other information in our customer records, including how you conduct your account, to other group companies, other retailers and to financial and other organisations involved in fraud prevention and detection, to use in the same way. Without limitation to the foregoing, we may disclose any information and data relating to you to the police or any regulatory or government authority including and not limited to law enforcement agencies in response to a request in connection with the investigation of any suspected illegal activities.
- Calls may be recorded to verify content and may be used together with other customer records for regulatory compliance, quality control and staff training, preventing or detecting criminal activity and for complaint resolution.
- We may give information about you to the following companies and organisations who may use it for the same purposes as set out above:
(a) to other group companies.
(b) to employees and agents of the Group and other approved third parties to administer any accounts, products and services provided to you by the Group now or in the future.
(c) to agents who (on our behalf) profile your data so that we may tailor the goods/services we offer to your specific needs.
(d) to other organisations for the administration of prize draws or competitions.
(e) to anyone to whom we transfer our rights and duties under our agreement with you.
(f) if we have a duty to do so or if the law allows us to do so.
- We may also share information about you and the conduct of your account with credit reference agencies and relevant third parties including our legal advisors.
- In carrying out the activities specified in this policy, we may transfer data to reputable companies outside the European Economic Area. Whilst we take reasonable steps to ensure that your information will be afforded the same level of protection as that required of us under applicable Malta data protection legislation you should be aware that countries outside the European Economic Area may not offer the same level of protection of personal data.
You have different options to manage the cookies on your computer or device. You can change your browser settings to prevent cookies from being accepted, or, depending on which browser you are using, you might be able to receive an alert when a website is trying to place one on your browser. With most browsers you can allow first party cookies to be set but refuse third party cookies. If you change your cookie preferences, you will still be able to browse around the site but certain functions will not be available. Also, by not allowing cookies, some of our standard functionality will not work, for example deleting certain cookies will remove items from your trolley. Your browsers ‘help’ menu should tell you how to block cookies or change your cookie settings. How you adjust your browser will depend on the browser you are using. You can delete cookies stored in your browser by using a function in your browser. Whilst this does not mean you won’t collect cookies in the future, it gives you freedom to delete your cookies after you have been online. This function is often known as ‘clearing cookies’. Clearing your cookies on one browser of one device does not automatically clear them on another. You need to clear all browsers on all channels independently. You can find some helpful information about controlling your cookies on www.aboutcookies.org this link will open in a new window. We are not responsible for the content of external websites.
- We will treat all of your information in strict confidence and we will endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or willful default.
- You have the right to see personal data (as defined in the Data Protection Act) that we keep about you upon receipt of a reasonable written request.
- If you are concerned that any of the information, we hold on you is incorrect please Contact Us.
- Please be aware that our site may link to other websites which may be accessed through our site. We are not responsible for the data policies or procedures or the content of these linked websites.
- If you want to be removed from our mailing list, please send an email to [email protected]. Please note that it may take some business days for this to be actioned.