General terms and conditions
ATTENTION: Please read these terms carefully before using this Marky's (markys.com) website. By using this website you indicate that you accept these terms. If you do not accept these terms (the "Terms"), DO NOT USE THIS WEBSITE.
Marky's either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content (collectively, the "Content") that is made available to you on this website, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this website. Except as provided in these Terms, Marky's prohibits the redistribution or copying of any Content on this website without its express written permission. Marky's hereby authorizes you to display on your computer, download and print pages of this website, subject to the following provisions:
(1) the copyright notice appears on all such printouts;
(2) the information will not be altered in any manner; and
(3) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on this website, including, but not limited to Marky's, Marky's Caviar, Bizac, Rougie are registered and unregistered trademarks of Marky's and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the express written permission of Marky's or such third party that may own the trademarks displayed on this website. Your misuse of the trademarks displayed on this website, or any other Content on this website is strictly prohibited.
Marky's may have (hypertext) links to other unaffiliated websites. Linking to such websites is at your own risk. Marky's has not reviewed all of the content of such linked websites and is not responsible for the content of any such linked website. Any (hypertext) links contained on this website shall not be construed as an endorsement by Marky's of any such linked website.
Any promotional content contained on this website is subject to inventory availability. Marky's reserves the right to cancel or modify any such promotion at any time and without notice.
THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Although Marky's uses reasonable efforts to maintain the accuracy and currency of the Content of this website, Marky's makes no warranties or representations as to its accuracy or currency. This website may contain typographical errors and technical inaccuracies. Marky's assumes no liability or responsibility for any errors or omissions in the content of this website. Although Marky's uses reasonable efforts to ensure that all software provided at this website, or as a link from this website, is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. Marky's may update and/or modify the information contained on this website, including prices at any time and without notice.
Limitation of Liability
IN NO EVENT WILL Marky's, ITS AFFILIATES, SUPPLIERS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed Content. Marky's will aggressively enforce its intellectual property rights to the fullest extent of the law. If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions. Marky's may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms.
RETURN & CONSUMER SAFETY POLICY
1. Marky’s business practices follow the Florida Food Safety Act, the FDA, and other pertinent federal, state, and local food safety rules and regulations.
2. Marky’s corporate mission is to safeguard the public health and promote public welfare by protecting the consuming public from injury by product use and by protecting the purchasing public from injury by merchandising deceit.
3. Marky’s uses special, secure temperature and humidity controlled packaging technology to assure safe food transportation to its destination.
4. Any accidental transportation damage must be addressed with the shipping carrier in accordance with their specific policy.
5. To prevent our products from the risks associated with spoilage, contamination, or misbranding, we cannot resell returned food items. Hence, we have to discard returned food.
6. For public safety reasons, all food sales are FINAL SALE. No return or exchange claims will be accepted.
7. All delivery dates are approximate. Marky’s shall not be liable for any damage as a result of any delay or failure to deliver for any reason including, but not limited to, problems with suppliers, embargos or other governmental acts, regulations or requests, fire, flood, accidents, sabotage, strikes, slowdowns or other labor difficulties, war, riot, delays in transportation, or defaults of common carriers. In the event of any such delay, the date of delivery shall be extended for a period of time equal to the time lost because of delay. A buyer’s exclusive remedy for Marky’s inability to deliver for any reason shall be rescission of this agreement, which the buyer can only exercise before Marky’s has delivered the product to a carrier at any point of shipment.
8. Agreeing to Marky’s terms and conditions shall constitute the entire agreement between Marky’s and the buyer. No term or provision of this agreement may be amended, waived, discharged, or terminated orally, but it can happen through an instrument in writing that is signed by all parties, except as otherwise expressly provided herein.
9. The agreement and all rights hereunder shall be construed in accordance with and governed by the laws of the State of Florida (without regard to any rules or principles of conflicts of laws that might look to any jurisdiction outside of the State of Florida). The parties irrevocably submit to the jurisdiction of any federal or state court located in Miami-Dade County, Florida, and each party irrevocably agrees that any action may be heard and determined in the aforementioned federal or state courts. The parties further irrevocably waive to the fullest extent that each may effectively do so, the defense of an inconvenient forum to the maintenance of any action in Miami-Dade County, Florida.
10. In the event of any dispute arising out of or relating to this transaction (whether suit be brought or not), the unsuccessful party in such a dispute shall pay to the successful party all costs and expenses incurred by the successful party, including, reasonable attorney’s fees like paying for the attorney and other costs.
11. Any questions regarding these Terms and Conditions or subsequent issues should be directed to:
MARKY’S GROUP, INC.
1000 NW 159 Drive
email: email us.
Please inspect arrived package and products
as soon as they arrive to your door!
If your package has arrived damaged or tampered with, please contact the carrier (UPS or FedEx). Any delay in contacting the carrier and our Customer Service Department makes it more difficult to file a claim. Please keep ALL packaging and items EXACTLY AS THEY ARRIVED.