Terms & Conditions

Effective Date: 07/10/2024

Welcome to Maradiam ("we," "our," or "us"). These Terms & Conditions ("Terms") govern your use of our website https://maradiam.com/ (the "Website"). By accessing or using our Website, you agree to comply with these Terms. If you do not agree, please do not use the Website.

1. General Use

1.1. You must be at least 18 years old or have parental/guardian consent to use this Website.
1.2. You agree to use the Website for lawful purposes and in accordance with these Terms.
1.3. We reserve the right to modify or discontinue any part of the Website at any time without notice.

2. Products & Services

2.1. All products displayed on the Website are subject to availability.
2.2. We strive to ensure accurate product descriptions and pricing, but errors may occur. We reserve the right to correct any errors and cancel orders if necessary.
2.3. Colors and images of products may appear different depending on your screen settings.

3. Orders & Payments

3.1. By placing an order, you agree that all information provided is accurate.
3.2. We reserve the right to refuse or cancel any order for any reason, including suspicion of fraud or unauthorized activity.
3.3. Payments are processed securely through third-party providers. We do not store payment information.
3.4. Prices may change at any time without prior notice.

4. Shipping & Delivery

4.1. Estimated delivery times are provided for reference and may be subject to delays beyond our control.
4.2. Shipping fees and policies are detailed at checkout.
4.3. We are not responsible for lost, stolen, or damaged packages once they leave our facility.

5. Returns & Refunds

5.1. We offer returns and refunds in accordance with our Returns Policy.
5.2. Returned items must be unused, in original packaging, and meet eligibility criteria.
5.3. Refunds will be processed using the original payment method.
5.4. Custom or personalized items are non-refundable unless defective.

6. Intellectual Property

6.1. All content on the Website, including text, images, logos, and designs, is owned by or licensed to us and protected by intellectual property laws.
6.2. You may not use, copy, modify, or distribute any content without our prior written consent.

7. User Conduct

7.1. You agree not to:

  • Use the Website for fraudulent or unlawful activities.
  • Interfere with the Website's functionality or security.
  • Upload or transmit harmful or offensive content.

8. Third-Party Links & Services

8.1. The Website may contain links to third-party websites. We are not responsible for their content or privacy practices.
8.2. Any transactions with third parties are solely between you and the third party.

9. Disclaimer & Limitation of Liability

9.1. The Website is provided "as is" without warranties of any kind. We do not guarantee that the Website will be error-free, uninterrupted, or secure.
9.2. To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, or consequential damages resulting from your use of the Website.

10. Indemnification

10.1. You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, or expenses arising from your use of the Website or violation of these Terms.

11. Changes to Terms

11.1. We reserve the right to update these Terms at any time. The latest version will be posted on this page with the revised "Last Updated" date.
11.2. Continued use of the Website after changes signifies acceptance of the updated Terms.

12. Governing Law & Dispute Resolution

12.1. These Terms are governed by the laws of Portugal.
12.2. Any disputes arising from these Terms shall be resolved in the courts of Portugal.

13. Promotional Competitions & Giveaways

  • Eligibility: Clearly state who can and cannot enter your contests. This should include a general age limit (18+ in your case) and a disclaimer that employees and their immediate families are not eligible. It's also wise to include a statement like "Void where prohibited by law" to cover all legal bases.
  • No Purchase Necessary: This is a crucial legal requirement to avoid being classified as a lottery or gambling. You must explicitly state, "No purchase is necessary to enter or win, and a purchase will not increase your chances of winning".
  • Sponsorship & Affiliation: You need to identify MaraDiam as the sole sponsor and state that the promotion is not affiliated with, endorsed by, or administered by social media platforms like TikTok or Instagram.
  • Entry Method: Explain that the method of entry will be detailed in the specific rules for each contest. You should also add language about your right to disqualify entries that are fraudulent, incomplete, or do not comply with the rules.
  • Winner Selection & Notification: Describe the general process for how winners will be chosen (e.g., at random or by a panel of judges) and how they will be notified. Mention that you're not liable for a winner's failure to receive a notification due to incorrect contact details or spam filters. It's also important to specify a timeframe for a winner to claim their prize before it is forfeited.
  • Prizes: State that prizes are non-negotiable, non-transferable, and cannot be redeemed for cash. Reserve the right to substitute a prize of equal or greater value if it becomes unavailable.
  • Publicity Release & Usage Rights: By entering, participants grant MaraDiam a non-exclusive license to use, publish, and display their submitted content (e.g., videos and photos) for promotional purposes. This is essential for your "UGC recap" strategy. You should also state that the winner's name and likeness may be used for promotional purposes.
  • Limitation of Liability & Disputes: Include a clause that releases you from liability for any issues arising from the contest. Also, state that in case of a dispute, your decision is final and that you reserve the right to modify or cancel the competition at any time.
  • Data Protection: Reiterate your commitment to GDPR and privacy, confirming that data will be used to administer the contest and for marketing only if the user has provided explicit consent.

14. Contact Us

If you have any questions regarding these Terms, please click on the link to contact us