Termos e condições
The website https://www.mercado-deals.com (the “Website”) is operated by , a Singaporean company having a principal place of business at 1 Raffles Place #44-02, Singapore 048616 (the “Company”, “Mercado-deals”, “we”, “us”, and “our”). Mercado-deals offers the Website, including all information, tools and services available on the Website, to you (the “user”, “you”, and “your”) upon your acceptance of all terms, conditions, policies, and notices stated in this document and elsewhere on the Website (the “Terms”). Please read these Terms carefully before accessing or using the Website. If you do not agree with one or more provisions of the Terms, you are not allowed to use the Website.
Overview of the Terms
The below-mentioned overview is not a complete list of your rights and obligations under the Terms and should not be treated as such. To become aware of all your rights and obligations under the Terms, you need to read the entire Terms.
About the Website. The Website is an e-commerce website offering a variety of consumer goods for sale (hereinafter, collectively referred to as “Products” and each individually as a “Product”). The Website allows you to place purchase orders for Products (hereinafter, collectively referred to as “Orders” and each individually as an “Order”).
Age limitations. By using the Website, you represent that you are at least the age of 18. If you are under the age of 18, you can use the Website only after obtaining a parental or guardian consent, subject to the laws and regulations of your jurisdiction.
Amendments. Any new features or tools which are added to the Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. The Terms can be updated, changed, or replaced at any time. Please review this page regularly for any amendments.
Access. We do our best to keep a 100% uptime running but interruptions of service or events that are beyond our control may occur, and we shall not be responsible for any data lost while using the Website. You understand that access to the Website may be interrupted from time to time.
Prohibited use. You are not allowed to use any Products for illegal or unauthorized purposes. Furthermore, you are not allowed to use the Website and any Products to violate any applicable laws, including copyright laws. You must not transmit any worms or viruses or any code of a destructive nature.
Termination. A breach or violation of any provision of the Terms will result in an immediate termination of your use of the Website.
SECTION 1 – GENERAL CONDITIONS
1.1 The headings used in these Terms are included for convenience only and will not limit or otherwise affect the Terms.
1.2 Refusal to sell Products. We reserve the right to refuse to sell one or more Products to you for any reason at any time. We may, in our sole discretion, limit or cancel quantities of Products 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 Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel Orders, we may attempt to notify you by using the email address and/or the billing address/phone number provided at the time the cancelled Orders were made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
1.3 Encryption. You understand that your content (not including credit card information) may be transferred unencrypted and involve (1) transmissions over various networks and (2) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
1.4 Website’s content
1.4.1 The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
1.4.2 You are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website’s content without obtaining our express written permission.
SECTION 2 – REGISTRATION
2.2 In order to create an Account, please (1) click on the button “Account” located at the right top corner of the Website, (2) click on the link “Create Account”, (3) provide your name, surname, email address, and password, and (4) click on the button “Create”.
2.3 By registering an Account, you represent that you are at the eligible age to conclude sales contracts in your jurisdiction.
2.4 By registering an Account, you agree to provide only current, complete and accurate personal data.
2.5 You are solely responsible for maintaining the confidentiality of your Account and any ID or password issued to you and for restricting access to your device. You may cancel your Account at any time. You will then remain responsible for any unpaid amounts in connection with your prior Orders.
2.6 Technical steps to conclude a sale contract. If you would like to purchase one or more Products through the Website, you need to add the selected products in your online Shopping Cart. This can be done by (1) visiting the webpages of the selected Products, (3) specifying the color, the size, and other characteristics of the Products, and (3) clicking on the “Add to Cart” button. After you add the Products which you would like to purchase to the Shopping Cart, you need to click on the “View Shopping Cart” section located at the top right corner of the Website and press the “Checkout” button. Next, you will need either to login to your Account for submitting your billing and delivery information or to submit your billing and delivery information as a guest. The billing and delivery information includes: (1) your email address; (2) your name and surname; and (3) your shipping address. Afterwards, you will need to click on the button “Pay” and pay the price of the selected Products by using one of the Third Party Payment Processors mentioned in Section 11.2 of these Terms. Afterwards, we will send you a confirmatory email informing you about your order. By clicking on the button “Pay” and receiving a confirmatory email, you conclude a sale contract in English between you and Mercado-deals on the basis of the version of these Terms applicable on the order date. After receiving your payment, we will deliver the Product(s) ordered by you.
2.7 Correcting input errors. You will be able to identify and correct any input errors prior to clicking on the “Pay” button. If you have made any input error in your Shopping Cart, please click on the “View Shopping Cart” section and correct your error. If you would like to change or correct any input errors in the billing address, the shipping address, and the billing option, please (1) go to the checkout page on the Website and (2) click on “Change” in the section in which you would like to make changes. The checkout page of the Website is available by clicking on the “Checkout” button mentioned above.
2.8 The details of your specific contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your Order please contact us by using the contact details mentioned in Section 19 of these Terms.
SECTION 3 – THE PRODUCTS
3.1 The Products offered by Mercado-deals are available exclusively online through the Website. The Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
3.2 We have made every effort to display as accurately as possible the colors and images of the Products offered through the Website. However, we cannot guarantee that the monitor of your computer will display the colors and images of the Products accurately.
3.3 Shipping & Delivery. We ship everywhere in the world. The delivery usually takes 7-21 business days (2-5 weeks). Go to our Shipping Policy to get more details. If you do not receive your Product(s) during the delivery periods specified by us, please send us an email at firstname.lastname@example.org and we will look into your Orders. Please note that we cannot guarantee an exact delivery time. The delivery periods mentioned above are just estimates.
3.4 Delivery delay. If (1) Mercado-deals fails to fulfill its obligation to deliver one or more Products upon the expiry of the time limit stated in the Shipping Policy and (2) Mercado-deals is given a reasonable amount of extra time but fails to fulfill its obligation to make the delivery within such time limit, you can terminate the sale contract by email, a registered mail, or in writing on a durable medium. If the sale contract is terminated as stated in this Section 3.4, Mercado-deals must refund you for the full amount paid, within fourteen days of the termination date of the sale contract.
3.5 Availability. Our Products are available as long as they are displayed on the Website. If a notice “out of stock” is placed next to a Product, that Product is not available.
3.6 Our suppliers and partners are responsible for keeping in stock and delivering our Products. Our suppliers and partners are located in many countries in the world. Most Products are made and shipped from China.
3.7 We reserve the right, but are not obliged, to limit the sales of Products for any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Products for sale. All descriptions of Products or pricing are subject to change at any time without a notice, at our sole discretion. We reserve the right to discontinue the sale of Products at any time.
3.8 We put reasonable efforts to assure the quality of our Products. However, we cannot warrant that the quality of our Products or other material purchased or obtained by you through the Website will meet your expectations.
3.9 To avoid wasting paper and to bring our help to protect the environment, to extent permitted by law, we do not to include any paper notice with our Products. Information about the Products is available online on the product page and/or on the frequently asked question page. It is your responsibility to read such information carefully before using any of our Products. Mercado-deals will not be held responsible for any problem that occurs because of a misuse of a Product. A copy of an electronic invoice can be requested at email@example.com.
3.10 Warranty. If a Product received by you is defective at the time of delivery, you have the right to get it replaced or repaired free of charge within a reasonable time without causing significant inconvenience to you. You can request a reduction of the price of the defective Product or a refund of the defective Product if: (i) Mercado-deals fails to repair or replace the defective Product within a reasonable time; or (ii) the repair or replacement of the defective Product is not possible or disproportionate in cost. Defects appearing within six months from the time of delivery are presumed to be existent at the time of delivery. If a defect appears after the expiration of a time period of six months from the date of delivery, you need to prove that the defect existed at the time of delivery of the Product.
3.11 Exceptions from warranty. You are not entitled to seek remedies for defective Products if:
- You have damaged, misused, or caused fault to the Product;
- You attempted to repair the Product yourself or had someone else to repair the Product without our authorization;
- You were aware of defects of the Product before purchasing it;
- The Product became faulty due to natural deterioration or by wear and tear;
- You are not a consumer within the meaning of the Singaporean Consumer Protection (Fair Trading) Act; or
- You simply changed your mind and would like to return the Product.
SECTION 4 – RIGHT OF WITHDRAWAL
4.1 If you are a consumer (i.e. a natural person who is acting for purposes which are outside his trade, business, craft or profession), you have the right to withdraw from the sale contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product purchased by you. To exercise the right of withdrawal, you must inform Mercado-deals of your decision to withdraw from the sale contract by an unequivocal statement (e.g., a letter sent by post or email). You can use the following contact details to exercise your rights of withdrawal:
Company’s address: , 1 Raffles Place #44-02, Singapore 048616;
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4.2 Effects of withdrawal. If you withdraw from the sale contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
4.3 Return of the Products in case of withdrawal. You shall send back Products, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the sale contract to us. The deadline is met if you send back the products before the period of 14 days has expired. Please note that you will need to cover the shipping costs for the Products you wish to return. The shipping costs are non-refundable.
4.4 Reimbursement. We may withhold reimbursement until we have received the returned Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
4.5 Liability for diminishing value. You are only liable for any diminished value of Products resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of those Products.
4.6 Exceptions from the right of withdrawal. The right to withdraw does not apply for the following typed of Products:
- Products that are made to the consumer’s specifications or are clearly personalized;
- Products which are liable to deteriorate or expire rapidly;
- Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- Products which are, after delivery, according to their nature, inseparably mixed with other items;
- Sealed audio or sealed video recordings or sealed computer software, which were unsealed after delivery; and
- Newspapers, periodicals or magazines.
SECTION 5 – PRICES
5.1 All prices of Products (the “Prices”) displayed on the Website exclude any applicable taxes, and delivery costs. The delivery costs and applicable taxes will be indicated after you add Products to your Shopping Cart. The delivery costs will be added to your order at the checkout page of the Website. No additional charges will be applied by the Company without your express agreement.
5.2 The Prices remain valid as long as they are indicated on the Website. The Prices are subject to a change without a notice.
5.3 Please note that, since most Products are shipped from China, some import taxes, duties, sales taxes, such as VAT, and related customs fees may be charged once your Orders arrive at your destination country. Please note that such custom duties and taxes vary widely from country to country; please check with your local customs agency for details on estimated costs. You are solely responsible for the payment of all applicable duties, sales taxes, such as VAT, and import taxes. We may, in our sole discretion, refund a part or the full amount of duties, sales taxes and import taxes. Please contact us at firstname.lastname@example.org for more information.
5.4 We are running Flash Sales on some of our Products. During the Flash Sales, the Prices of those Products are lower than their original Prices. If you do not purchase such Products at the discounted Prices within the limited time of the Flash Sales (shown in the countdown box on the relevant product page), the discounted Price will automatically increase to the original Price and you will no longer be able to enjoy the discounted Price.
5.5 We reserve the right, at any time, to modify or discontinue the sale of Products without a prior notice.
5.6 Mercado-deals shall not be liable to you or to any third-party for any modification, price change, suspension or sale discountinuation of any Product.
SECTION 6 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
6.1 We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.
6.2 We do not warrant that the results that may be obtained from the use of Products will meet your expectations.
6.3 You expressly agree that your use of the Website is at your sole risk. The Website is provided on the “as is” and “as available” basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
6.4 To the maximum extent permitted by law, Mercado-deals, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, shall not 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 Website and one or more Products.
SECTION 7 – THIRD-PARTY LINKS
7.1 Some of the Website’s content may include links directing you to third party websites that are not affiliated with us.
7.2 We are not responsible for examining or evaluating the content or accuracy of the third party websites and we do not warrant and will not have any liability or responsibility for any materials, products, or services of third parties.
7.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 8 – USER-GENERATED CONTENT
8.1 If, at our request, you send us certain specific submissions (e.g., contest entries) or, without a request from us, you send us product reviews, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, the “User-Generated Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User-Generated Content. We are and shall be under no obligation: (1) to maintain any User-Generated Content in confidence; (2) to pay compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.
8.2 We may, but have no obligation to, monitor, edit or remove User-Generated Content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
8.3 You agree that the User-Generated Content submitted by you will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User-Generated Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User-Generated Content. You are solely responsible for any User-Generated Content you generate and its accuracy. We take no responsibility and assume no liability for any User-Generated Content posted by you or any third-party.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
9.1 Occasionally, there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information on the Website is inaccurate at any time without prior notice, including after the submission of Orders.
9.2 We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.
SECTION 10 – PROHIBITED USES
10.1 In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website, Company’s content, and Products:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to unlawfully collect or track personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Website, other websites, or the Internet.
10.2 We reserve the right to terminate your use of the Website for violating any of the prohibited uses stated in Section 10.1 of these Terms.
SECTION 11 – PAYMENT
11.1 The payment on the Website can be done by using PayPal, Stripe, and the major credit and debit cards supported by VISA, MasterCard, and American Express.
11.2 All payments are handled by our third party payment processors (1) Stripe, Inc. having a principle place of business at 185 Berry Street, Suite 550, San Francisco, CA 94107, the United States of America, and (2) PayPal (Europe) S.à r.l. et Cie, S.C.A. having an address at 22-24 Boulevard Royal, L-2449 Luxembourg (collectively, the “Third Party Payment Processors”). The official websites of the Third Party Payment Processors are https://stripe.com and https://www.paypal.com.
11.3 The Third Party Payment Processors may collect from you payment information, which will allow them to make the payments requested by you. Please note that we neither store nor process your credit/debit card information. The Third Party Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing.
11.4 You agree not to hold the Company liable for payments that do not reach the correct account because you have quoted an incorrect account number or incorrect personal information. In order to execute the payment successfully, please submit carefully and accurately the payment information required by the Third Party Payment Processors.
11.5 You agree that we shall not be liable if the Third Party Payment Processors decline or refuse your payment. Payments may, for example, be refused in the following cases:
- The bankcard used for payment is not suitable for making online payments (please contact the financial institution that has issued the bankcard for more information);
- The account balance of the bankcard does not contain enough funds necessary for making the requested payment;
- The payment information (e.g., a card number, CVV2, and CVC2) is entered incorrectly;
- The validity period indicated on the front side of the bankcard has expired; and
- The cardholder exceeds the limit of operations or expenses determined by the financial institution that has issued the bankcard.
11.6 If you have any questions related to payments through the Website, please contact us at email@example.com or via our contact page.
SECTION 12 – INDEMNIFICATION AND FORCE MAJEURE
12.1 You agree to indemnify, defend and hold harmless Mercado-deals and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12.2 Pretazy shall not be responsible for any failure to perform its obligations under this Agreement, if it is prevented or delayed due to force majeure events, including, but not limited to, riots, wars, earthquakes, floods, fire, power supply failures, and national strikes.
SECTION 13 – OPTIONAL TOOLS
13.1 We may provide you with access to third-party tools over which we neither monitor nor have any control, nor input.
13.2 You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
13.3 Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
13.4 We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 14 – SEVERABILITY
14.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
SECTION 15 – TERM AND TERMINATION
15.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
15.2 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by stopping your use of the Website.
15.3 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 also may terminate the Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website and your Orders (or any part thereof).
SECTION 16 – WAIVER
16.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
SECTION 17 – GOVERNING LAW
17.1 These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the applicable laws of the Republic of Singapore.
17.2 All disputes arising out of or in connection with these Terms shall be resolved by the courts in the Republic of Singapore.
SECTION 18 – CHANGES TO THE TERMS
18.1 You can review the most current version of the Terms at any time at this page.
18.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 19 – CONTACT AND COMPANY INFORMATION
19.1 Below, you can find our contact and company information.
The Company: Mercado-deals -
Address: 1 RAFFLES PLACE #44-02 SINGAPORE (048616)
Business registration number: 201732988R
Contact form: Click here
19.2 Questions about the Terms should be sent to us at firstname.lastname@example.org. We will reply to your enquiries as soon as possible but no later than 5 business days.
SECTION 20 – Last amendment
20.1 These Terms have been last amended on 27th of November 2017.