Introduction

 

The following are the Terms and Conditions ("Terms") under which you ("User", “Customer”, “Client”, “you”) may use the website of Marcou ("Company", “Marcou”, “we”, “us”) at www.marcou.ro (“website”). 

 

The Terms are written in English, therefore any order placed on www.marcou.ro represents your complete acceptance, agreement and understanding of the Terms. Please read this page carefully. By accessing and using the Website, you accept and agree to be bound, without modification, limitation or qualification, by the Terms.

 

General

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OPUS 11 STORIES S.R.L, with the trading name Marcou, is a juridical person registered according to the Romanian law, under the fiscal code CUI: 46499163, and registration number J12/4359/2022, with the registered address Emil Racovita Street, No. 11, ap. 3, city Cluj-Napoca, Cluj County, Romania.

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In order to use our website you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website if doing so is prohibited in your country or under any law or regulation applicable to you.

The content of www.marcou.ro is not intended for minors. The content is uncensored and expands and it is not limited to a range of objects such as antiquities, clothing, art, accessories, which may or may not include content that some people may consider offensive. 

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Right to make changes 

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We may, at our sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms. 

 

By continuing to use the Website after any such change, you accept the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website.

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Intellectual property, copyrights and logos

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The products and all materials therein or transferred thereby, including, but not limited to software, images, texts, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, artworks, and all Intellectual Property Rights related thereto (collectively “Content”), are the exclusive property of Marcou. 

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The User is not permitted to sell, modify, distribute, reproduce, copy, transmit, publicly display, publish, adapt, edit or create any sort of derivative works to the content of the Website, except as explicitly approved by Marcou. 

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All content of this website is protected under the Intellectual Property Law and any violation of this law may result in penalties. 

The User may use content of this Website only for personal purposes, strictly non-commercial, as long as this use does not violate the Terms. 

 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Contact

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We provide all the contact information on the Website (phone, e-mails, contact forms). By using any of this contact information, such as forms, phone numbers, e-mails, you are  allowed to contact us, agreeing to receive notifications by us that we have received your request.

We reserve the right to not answer all solicitations of any nature received by means of any of the communication methods made available on the Website.

 

Newsletter

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By subscribing to our newsletter you agree to provide us with information such as your email, name, phone-number. 

By providing this information and agreeing to subscribe to our newsletter, you agree to receive messages and materials from us, by e-mail or any other contact form you may provide us with (including phone-number). 

You may cancel your subscription to our newsletter at any given moment.  

By canceling your subscription from our newsletter, you do not automatically cancel or withdraw your acceptance of the Terms. 

 

Account/Registration 

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To use some of the features that the Website provides, you may register to make an account by providing to us your email, full name, phone number.

You agree to provide all the required information and make sure all informations are real, truthful and correct. 

We use this information in the limits foreseen at the Privacy Policy section.

 

We have the right to permanently or temporarily terminate, limit or suspend your access to the service without notice and liability for any reason, including if in our sole opinion you violate any provision of these Terms or any applicable law or regulations of the Website.

These limitations may include but not be limited to restrictions on certain payments uses, deleting or restricting your user account, if in our sole determination we consider that by means of your activity, your actions can harm, abuse, damage, violate our Website and/or our company. 

You can address Marcou to be informed of the reasons why these measures were applied. 

You may request to cancel your account and/or any services at any time. 

It is forbidden to share your user account with another person. The User account is personal.

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Privacy policy

We collect certain personal data only with your complete approval, for purposes of: 

• Orders: processing, validation, shipping, invoice, cancelling or solving any problems regarding an order placed on the Website or any other problems;

• Contacting you in matters of Customer Service; 

• Sending the newsletter (in case you agreed to subscribe to the newsletter). 

• Statistical purposes

• Involuntarily we might collect other data such as your IP, location, name and version of the browser, the time of your visit on the Website.

You have the right to disagree with us collecting your data and may request to delete this information from our server.

For additional info, please visit the separate page dedicated to the Privacy and Policy section. 

 

Key commercial Terms 

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When buying an item, you agree that you read and understand the full item listing before making a commitment to buy it and that you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

 

All Products shown on our site are subject to availability. We do not guarantee the availability of either products available on the web site. We will inform you by e-mail (or other means of communication) as soon as possible if the Product you have ordered is not available and we will not process your order if made. 

 

Product descriptions

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We reserve the right to use certain products and accessories in the description (photos, texts) of the products which are not included in the price of the listed product. The use of these products/accessories are for presentation purposes only. The product for sale will be clearly described and specified in the description of the item listing. 

 

The packaging of the Products may vary from that shown on images on our site, if any.

 

The images of the Products on our website are for illustrative purposes only. Although we made every effort to display and describe the colors as accurately as possible, we cannot guarantee that your computer's display of the colors is the same.  Products’ colors may vary from the images present on the Website. 

 

The sizes/measurements of the Products on our website are subject to possible errors. Although we made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site might differ.

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Product Category: PREOWNED 

 

Size: Every product from the Preowned category has information of the size according to the written label of the product. If no size is shown on the label (or if the label is missing), the Product info specifies: “Unknown”.  All products are listed in a category of a size as considered by us, but this does not guarantee the real size of the product.

 

Fabric: Every product from the Preowned category includes a fabric composition information on the Product Info section. If no fabric composition is shown on the label of the product (or if the label is missing), the Product info specifies: “Unknown”. In case of an unknown fabric composition, we might add a fabric composition of a product as we consider it, but this does not guarantee that the composition fabric is the real one of the product. 

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Label: Every product has a label tag. If the label tag is missing or we think it is not an original we will inform that in the PRODUCT INFO section. We do not assume its designer veracity or originality as we are not experts.

 

Product Category: PREOWNED & HOME Category: 

 

Due to the nature of the products and their age, objects from the category Preowned, & Home may present imperfections. 

 

These imperfections (such as scratches, ruptures, stains, chips, broken edges and all other types of product defects) are presented in the product info, product description or in the photographs of every product.

Although every effort has been made to assure these imperfections are made available/known to you, other imperfections may still exist on these products.

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Payments 

 

The prices we charge for our products are listed on the website.

All prices are in LEI and include VAT.

All credit card transactions on the Website are processed using Stripe. This is a secure online payment gateway that encrypts your card details in a secure host environment. 

We accept credit/debit cards.

When placing an order, payment will be debited and cleared from your account. By completing the transaction, you confirm that you are authorised to use the credit/debit card or that you are the owner of the credit card.

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Please note that all credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment on our website, your order will be canceled. 

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We take reasonable care to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when accessing or ordering from the Site.

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We reserve the right to change prices at any time without prior notification..

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We are not responsible for any additional costs incurred by the customer, including but not limited to currency conversion fees applied by the card issuing bank, in case the issuing currency of the card differs from RON/LEI. The responsibility for this action rests solely with the customer.

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Shipping, Returns, and Refunds 

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Shipping 

Marcou ships all products from Cluj-Napoca, Romania. All orders are processed from Monday-Friday, from 10 am-6 pm. Orders placed on weekends will be processed starting Monday. 

You have the following shipping methods available: COURIER SHIPPING, and Free local pick up from Marcou Showroom (20 Memorandumului Street, Mon-Fri 11 AM-4 PM; additional available hours are possible at the Client's request ).

All shipping costs are supported by the Client.

Products will be shipped only to a person of legal age. 

Products will be shipped in 1-5 days after the order confirmation, no longer than 30 days. 

In case a product cannot be shipped, Marcou is obliged to inform you of this unavailability, and all the amounts that you have paid to Marcou for the product will be reimbursed in a maximum of 14 days. 

Marcou may offer discounts on shipping in certain situations. These discounts will be communicated to the Client if any. 

 

Shipping Costs Calculations:

The cost of Shipping is automatically calculated at the checkout. 

The cost of shipping is calculated by the weight of the total order. 

Each product has an approximate weight attributed, therefore the final calculation is an integrated automated calculation of these weights.

The Website has 5 categories of shipping costs: 19 LEI (low-weight products), 79 LEI (medium-fragile products), 119 LEI (medium-heavy products), 349 LEI (heavy products), 499 LEI (multiple heavy items).

Each listed product has a SHIPPING INFO section where the cost of shipping for that particular item is written. 

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In case an order includes multiple items from different categories of weight, an automatic calculation of all their shipping weights is made, and the cost of shipping will be the one included in that weight category. 

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International Shipping

Some products can be shipped internationally under certain conditions:

• All shipping costs will be supported by the Client. 

• We ask our international customers to contact us before placing an order. 

• All shipping costs will be made available to the International Client only after the Client provides all necessary information to us (such as address: street, city, county/region, country etc, phone number, and email) in order for us to determine and calculate the cost of shipping. 

• We reserve the right to decline certain requests of shipping (such as shipping products which in our sole determination could irremediably and irreversibly get destroyed, broken or affected in any way by a long-distance shipping method. 

 

Returns

• For any undamaged product, the Client may return it with its included accessories and packaging within 14 days of the date you receive the product.

• The Client has the right to withdraw at any time from the distance contract with Marcou, under the right provided by law, “without giving a reason, and without incurring any additional costs” ( according to the Emergency Ordinance. no 34/2014 regarding consumers’ rights under contracts concluded with professionals and amending and supplementing some legislative acts), except the cost of return shipping, within 14 days from the date the product was received. 

• All return costs will be supported by the Client. The Client “will have to bear the cost of returning the goods in case of withdrawal” ( E.O. no 34/2014).

• It is applied to the Client, using remote communication techniques, the definitions contained in the Emergency Ordinance no. 34/2014 on consumer rights in contracts with professionals, as well as for the modification and completion of some normative acts.

• The User will inform Marcou of the withdrawal intention by any means made available in the Contact Info within a maximum of 14 days after receiving the product/s. Your request for your right of withdrawal will be followed by the response of our company confirming the withdrawal request by e-mail to the address indicated by you.

• The customer who has notified Marcou accordingly is responsible for ensuring that the products referred to will be returned to us within 14 days from the date of dispatch of the notification, otherwise, the right of withdrawal no longer operates considering the request invalid.

 

The Client cannot return the products purchased on the website, and/or cannot claim any other damages in the following situations:

•  Replacement of the purchased product with another product of different specifications or of a different type.

• The request for return has a dispatch date that exceeds the period of 14 days from the working day following the date of the fulfilled contract.

• The returned product is not in the same condition in which it was delivered (in the original packaging with all labels intact, the seal intact, and the documents that accompanied it, with no traces that may indicate that the product has been worn/used.

According to the Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals, as well as for the amendment and completion of some normative acts Marcou reserves the right not to accept returns for products which, by their nature, cannot be returned or which may degrade or deteriorate quickly.

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Refunds

• The return-shipping cost is supported by the Client.

• All refunds of the products will be made within 14 days from the confirmation of receiving the returned product.

• The refund will be based on the original payment method. 

• The additional services, including but not limited to the shipping of the products, paid by the Client will not be refunded. 

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Promotion codes 

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Promotion codes are only valid for orders placed online and are only valid while stocks last, may exclude certain products, and may be withdrawn at any time.

Promotion codes entitle the Client, at the time of ordering.

We reserve the right to decline to accept orders where, in our sole determination, a promotion code is invalid for the order being placed.

Promotion codes are not valid in conjunction with any other promotion.

Offer is not valid on sale items or other discounted items.

In the event of product returns, refunds will be given for cash used in the original purchase once the discount is applied.

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Fraud

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• We will not ask the Client for confidential data such as passwords, credit cards information, or accounts, through no means of communication available (such as email, phone number, or mail)

• We decline responsibility for any confidential data or sensitive information the Client provides to a third-party claiming to be Marcou. 

 

Limitation of liability

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Marcou will not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

Marcou assumes no liability or responsibility for any

• errors, mistakes, or inaccuracies of content;

• personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our products/service;

• any unauthorized access to or use of our secure servers and/or any and all personal information stored therein

 

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