Terms and Conditions

Please read these terms and conditions carefully before using our services or purchasing our products.

INTERPRETATIONS AND DEFINITIONS

INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

For the purposes of these Terms and Conditions:

• “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• “Company” (referred to as either "Marcia's Own Hide-A-Way", "We", "Us" or "Our" in this Agreement) refers to Marcia’s Own Hide-A-Way
• “Country” refers to Jamaica.
• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• “Service” refers to the Website.
• “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Marcia's Own Hide-A-Way regarding the use of the Service. 
• “Website” refers to Marcia’s Own, accessible from www.marciasown.com
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Marcia's Own Hide-A-Way. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. Marcia's Own Hide-A-Way does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Marcia's Own Hide-A-Way. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Marcia's Own Hide-A-Way and its licensors.

The Service is protected by laws of both the Country and foreign countries.

Our marks and trade dress may not be used in connection with any product or service without the prior written consent of Marcia's Own Hide-A-Way.

GENERAL CONDITIONS

1.1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

1.2. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

PRICES AND SHIPPING COSTS

2.1. Prices on the website do not include VAT.

2.2. Shipping costs are in addition to the prices of the product. You will also be clearly identified before making the binding order.

 

DELIVERY

3.1. Delivery dates and times are only binding if they are confirmed in writing by Marcia's Own.

3.2. Delivery dates can only be met if the buyer has complied with his obligations (e.g. timely payment of the purchase price). In case of subsequent changes and additions wishes of the buyer, the delivery time will be extended. The delivery deadline is considered met if the goods have been shipped and confirmed within three days of order date.

3.3. If Marcia's Own fails to deliver the goods or delivers goods that do not meet the agreed specifications, the buyer has set a grace period of 30 days for Marcia's Own Hide-A-Way to fulfill their obligations. If Marcia's Own Hide-A-Way fails to do so within this grace period, the buyer has the right to cancel the contract. Otherwise, the buyer cannot cancel the contract.

3.4. Even if Marcia's Own Hide-A-Way has agreed upon deadlines and dates, they cannot be held responsible for delays caused by force majeure events or circumstances beyond their control, which include but are not limited to war, riots, acts of God, labor disputes such as strikes or lockouts, shortages of raw materials or energy, and unavoidable interruptions to operations or transport such as power failures, fires, water damage, or severe weather conditions. These conditions apply even if they occur upstream of Marcia’s Own Hide-A-Way or if Marcia’s Own Hide-A-Way is unable to fulfill despite having appropriate contracts that would have covered the buyer's needs as per the agreement. In such cases, Marcia's Own Hide-A-Way reserves the right to postpone delivery or performance for the duration of the hindrance plus a reasonable start-up period, or to withdraw from the contract either partially or completely if it remains unfulfilled.

3.5. Marcia's Own Hide-A-Way may make partial deliveries unless it is deemed unreasonable for the buyer. The buyer is only permitted to withdraw from the contract due to partial delay or partial impossibility if it can be demonstrated that the partial performance is of no interest to the buyer.

3.6. Marcia's Own Hide-A-Way is responsible for correctly stating your shipping address on the parcel as provided by you. In the event of packages not being able to be delivered by your local post office, given that we’ve correctly stated the shipping address, you’re responsible for the damages arising from such an event. Marcia's Own Hide-A-Way will not provide any refunds for such financial loss. Sometimes parcels will be returned to us, when undeliverable. In such a case, we’ll refund you the total order value minus the actual shipping cost that was charged to us. This actual shipping cost might differ from the flat rate that is displayed on our website.

3.7 Depending on where you live, the time it may take for your product to reach you, may vary.

 

PAYMENT

4.1. The buyer has the option to make payment by Paypal, credit or debit card, and Zelle. For business customers, it is also possible to agree via email to make payment through bank transfer upon receipt of the invoice, adhering to the payment terms specified in the invoice.

4.2. Payment must be made in advance for orders. We will proceed with shipping your orders once we have received your payment.

 

LIABILITY

5.1. Marcia's Own Hide-A-Way does not guarantee that the information on http://www.marciasown.com is always complete, accurate, or up-to-date, including any links provided on the site. The website may contain links to third-party sites or services not under our control. We are not responsible for the content of these third-party sites. Legal responsibility for any issues related to these sites lies with their owners. We do not control or take responsibility for the content, privacy policies, or practices of any third-party sites. By using our service, you agree that we are not liable for any damage or loss resulting from the use of or reliance on content, goods, or services from these third-party sites.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

5.2. We have made every effort to display as accurately as possible the products that appear in our store. However:

The actual color, shape and size of leaves and herbs may vary every year and season. The images on our site are therefore for reference only and therefore discrepancies with the actual product received are possible.

We cannot guarantee that images taken of our products are completely the same as the actual product. In addition, we can’t control how your device’s screen displays the colors of the products at the time of ordering.

We reserve the right, but are not obligated, to limit the sales of our products or Services to 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 any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

5.3. The medical information on this site is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment.

5.4. Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

5.5 Limitation of Liability: Notwithstanding any damages that You might incur, the entire liability of Marcia's Own Hide-A-Way and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall Marcia's Own Hide-A-Way or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Marcia's Own Hide-A-Way or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

 

DISCLAIMER

6.1. By using the service, you explicitly agree that it is at your own risk. The service, along with all products and services provided through it (unless expressly stated otherwise by us), are offered "as is" and "as available" for your use. This means they come without any representations, warranties, or conditions of any kind, whether express or implied. These include but are not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

6.2. In no case shall Marcia's Own Hide-A-Way 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 any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Jamaica, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of our website or products may also be subject to other local, state, national, or international laws.

You expressly agree and personally submit to the exclusive jurisdiction of Saint Elizabeth, Jamaica to adjudicate and resolve any dispute with Marcia’s Own Hide-a-way, their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website, including, Content or User Content. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE PARISH OF SAINT ELIZABETH IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms and Conditions of Use are governed by the substantive laws of the Parish of Saint Elizabeth Jamaica, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

 

DISPUTE RESOLUTION

If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve them informally by contacting the Company.

 

FOR EUROPEAN UNION (EU) USERS:

If you are a consumer in the European Union, you will benefit from any mandatory provisions of the law of the country where you reside.

 

UNITED STATES LEGAL COMPLIANCE

You confirm that (i) you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country by the United States government, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

 

SEVERABILITY AND WAIVER:

11.1 Severability: If any provision of these Terms is found to be unenforceable or invalid, it will be modified and interpreted to achieve the objectives of the provision to the fullest extent possible under applicable law, and the remaining provisions will remain in full force and effect.

11.2 Waiver: Except as stated here, failure to enforce a right or require performance under these Terms will not prevent a party from enforcing that right or requiring performance at a later time, nor will waiving a breach constitute a waiver of any subsequent breach.

 

CHANGE TO TERMS AND CONDITIONS

12.1. You can review the most current version of the Terms of Service at any time at this page.

12.2. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service, including the Marcia’s Own Hide-A-Way Privacy Policy, by posting updates and changes to our website. While we will generally aim to provide at least 30 days' advance notice of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on the website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Therefore, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

 

COMMENTS AND REVIEWS

13.1 You may post content as long as it is not obscene, illegal, defamatory, threatening, infringing on intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.

13.2 We reserve all rights (but not the obligation) to remove and/or edit such content. 

13.3 When you post your feedback or content, you grant Marcia's Own Hide-A-Way non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media. If for any reason such assignment is ineffective, You agree to grant Marcia's Own Hide-A-Way a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

GIFT CARDS

14.1 Gift cards feature a unique reference code, which must be quoted at the time of redemption.

14.2 Gift cards are non-transferable, and cannot be exchanged for cash.

14.3 All gift cards are valid for 12 months from the date of sale. Vouchers not used within this time will be forfeited with no entitlement to refund or exchange.

14.4 Photocopies will not be accepted.

14.5 Teas and goods are subject to availability.

14.6 Vouchers can be used as full or part payment on goods and services.

14.7 Marcia's Own Hide-A-Way reserves the right to amend these terms and conditions without prior notice.

14.8 We are not responsible for stolen or lost  gift cards. We do not release new gift cards to replace stolen or lost cards.

 

ALL SALES ARE FINAL

Please carefully review your order before confirming your purchase. All sales are considered final. We do not offer refunds or exchanges for any products or services sold through www.marciasown.com.

15.1. Non-Refundable Items or Services

All items or services purchased from Marcia’s Own Hide-A-Way  are non-refundable unless otherwise specified in writing by Marcia’s Own Hide-A-Way. This policy applies but is not limited to:

• Perishable Goods
• Digital Products
• Gift Cards
• Subscription Services
• Custom-made Items
• Sale Items

15.2 Exceptions to the No Refund Policy

The only exceptions to our No Refund Policy include:

15.2.1 Defective or Damaged Items: In the case of items that are defective or damaged, please report this within 3 days of receiving the item. In such cases, a replacement may be provided at the discretion of Marcia’s Own Hide-A-Way.

15.2.2 Wrong Item Sent: If you receive an item different from the one you ordered, please notify our Customer Service within 3 days or receipt of product for a possible refund or exchange.

15.2.3 Incomplete Service: If a purchased service is not fully delivered or does not meet the predefined criteria as advertised, a partial or full refund may be considered.

15.2.4 Expired Products: Receiving a product in an expired condition warrants a report to our Customer Service within 3 days  for potential refund or replacement.

15.2.5 Legal Requirements: Following applicable laws, any other conditions or circumstances where we are legally required to offer a refund will be honored. 

15.3 To apply for a refund, please send an email to marciasown@gmail.com with your order number and the products that you would like a refund for. We will reply to you within 3 working days with a notification of approval or denial.

15.4. If you are approved, then your refund will be processed within 5 working days, and a credit will automatically be applied to your credit card or original method of payment. Please allow at least 2 weeks for your credit card company to refund the credit to your account. If you still have not received your refund after this period, please contact us at marciasown@gmail.com.

15.5 Undeliverable packages aren’t eligible for refunds, given that we’ve correctly stated your shipping address. In such cases, we’ll only offer a partial refund if the undeliverable packages have been returned. The partial refund will be determined based on the following formula: order value – shipping cost.

 

TERMINATION

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

By visiting this page on our website: www.marciasown.com

By sending us an email: marciasown@gmail.com

 

COMPLETE AGREEMENT

These Terms and Conditions of Use, including the Marcia’s Own Hide-A-Way Privacy Policy, constitute the entire agreement between You and Marcia’s Own Hide-A-Way regarding the Website and the Services and supersede any and all other terms, representations, promises or discussions. Only Marcia’s Own Hide-A-Way has the authority to agree to amendments to these Terms and Conditions of Use, and to be considered binding, any amendments must be in writing and executed by Marcia’s Own Hide-A-Way.

Questions or comments regarding this Website, including reports of non-functioning links, should be submitted via our "Contact Us" page or mail to:

Marcia’s Own Hide-A-Way.

Off Lover´s Leap Road

Saint Elizabeth, Jamaica

MARCIA’S OWN HIDE-A-WAY MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING AT ANY TIME.