Terms of service
Welcome to MARS TERRA TRADING LIMITED (hereinafter referred to as "we", "us", or "our"), a Hong Kong-based online apparel store operating on the Shopify platform. These Terms of Service (hereinafter referred to as "Terms") govern your access to and use of our online store, website, products, and related services (collectively referred to as the "Services"). By accessing, browsing, or using our Services, you (hereinafter referred to as "you" or "your") acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Refund & Exchange Policy (each of which is incorporated herein by reference). If you do not agree to these Terms, please refrain from using our Services immediately.
We reserve the right to modify, update, or revise these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction of residence, whichever is higher) and have the legal capacity to enter into binding contracts. If you are accessing or using the Services on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
To access certain features of the Services (such as placing orders, tracking shipments, or saving preferences), you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information, including your name, email address, billing details, and shipping information. You are solely responsible for maintaining the confidentiality of your account credentials (including your username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account by contacting our customer service at service@marterke.shop.
You may not transfer, assign, sell, or license your account to any third party without our prior written consent. We reserve the right to suspend or terminate your account at any time, without notice, if we reasonably believe that your account has been used in violation of these Terms or applicable law.
SECTION 2 - OUR PRODUCTS
We strive to provide accurate and detailed descriptions, images, and specifications of our apparel products on our website. However, we do not warrant that the product images, colors, or descriptions are entirely accurate, complete, or error-free. Product colors may appear different on your device due to variations in screen resolution, lighting, and device settings, and we shall not be liable for any such discrepancies.
All product descriptions, prices, and availability are subject to change without prior notice at our sole discretion. We reserve the right to discontinue any product line, modify product designs or specifications, or limit the quantity of products available for purchase, at any time and for any reason. We do not warrant that any products will meet your specific expectations or requirements, and you acknowledge that product availability may be limited due to supply chain constraints, seasonal changes, or other factors beyond our control.
All products sold on our store are for personal, non-commercial use only. You may not resell, distribute, or export our products for commercial purposes without our prior written consent. We reserve the right to cancel any order that we reasonably believe is placed for commercial resale or unauthorized export.
SECTION 3 - ORDERS AND PAYMENT
When you place an order on our website, you submit a binding offer to purchase the selected products on the terms and conditions set forth in these Terms. We reserve the right to accept or decline your order for any reason, including but not limited to: product unavailability, errors in product pricing or description, suspected fraudulent activity, or non-compliance with these Terms. Your order is not considered accepted until we send you a written order confirmation email (or other electronic notification) confirming that we have processed your payment and will fulfill your order.
You agree to provide accurate and complete payment information when placing an order, including your credit card details, billing address, and contact information. You represent and warrant that you are the authorized holder of the payment method used and that the payment information provided is true, correct, and complete. We reserve the right to verify your payment information and may cancel your order if we are unable to process your payment (e.g., due to insufficient funds, expired card, or fraud detection).
Once your order is confirmed, we will use reasonable efforts to process and ship your order in a timely manner. However, we are not liable for any delays in order processing or shipping caused by third-party payment processors, shipping carriers, or events beyond our control (such as natural disasters, customs delays, or supply chain disruptions). You may cancel your order only if we have not yet processed it for shipment; please contact our customer service immediately to request an order cancellation, as we cannot guarantee that cancellation requests will be accommodated after order confirmation.
All purchases are subject to our Refund & Exchange Policy, which outlines the conditions under which returns, exchanges, or refunds will be accepted. Any returns or exchanges must be initiated in accordance with the procedures set forth in that policy.
SECTION 4 - PRICES AND BILLING
All product prices listed on our website are quoted in Hong Kong Dollars (HKD), unless otherwise specified. Prices are subject to change without prior notice, and the price charged for your order will be the price in effect at the time you submit your order (as confirmed in your order confirmation email). Posted prices do not include shipping fees, handling charges, customs duties, import taxes, or any other applicable fees, which will be added to your total order amount at checkout.
We may offer promotional discounts, coupons, or special offers from time to time, which are subject to additional terms and conditions. Such promotions may be modified or discontinued at any time without notice, and we reserve the right to limit the use of any promotion (e.g., by order quantity, customer location, or purchase amount). In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall govern.
You agree to pay all charges associated with your order, including the product price, shipping fees, handling charges, and any applicable taxes or duties. We will charge your payment method at the time of order confirmation, unless otherwise specified. If a payment is declined or reversed (e.g., due to a chargeback), you agree to reimburse us for any fees, costs, or losses incurred as a result, including but not limited to bank fees and administrative costs.
SECTION 5 - SHIPPING AND DELIVERY
We ship products to locations worldwide, subject to applicable export and import laws and restrictions. Shipping fees are calculated based on the destination, order weight, and shipping method selected at checkout, and will be displayed to you before you confirm your order. We reserve the right to change our shipping fees or shipping methods at any time without prior notice.
Delivery times are estimates only and are not guaranteed. We will make reasonable efforts to ship your order within the timeframe specified on our website, but we shall not be liable for any delays in delivery caused by shipping carriers, customs authorities, weather conditions, or other events beyond our control. Once your order is transferred to the shipping carrier, title to the products and the risk of loss or damage to the products pass to you.
You are responsible for providing a valid and complete shipping address when placing an order. We are not liable for any delivery delays or failures resulting from incorrect or incomplete shipping information provided by you. If a shipment is returned to us due to an invalid address or failed delivery attempt, you may be responsible for additional shipping fees to re-send the order, and we reserve the right to cancel the order and issue a refund (less any applicable shipping fees and restocking charges) if re-delivery is not feasible.
You are solely responsible for complying with all applicable import laws, customs regulations, and taxes in your jurisdiction of residence. We are not responsible for any customs delays, duties, taxes, or fees incurred upon importation of the products, and you agree to indemnify us for any losses or liabilities arising from your failure to comply with such laws or regulations.
SECTION 6 - INTELLECTUAL PROPERTY
All intellectual property rights in and to the Services, including but not limited to trademarks, service marks, logos, product designs, text, images, graphics, videos, audio content, and software, are owned by us, our affiliates, or our licensors, and are protected by the intellectual property laws of Hong Kong and other jurisdictions. This includes the trade name "MARS TERRA TRADING LIMITED" and any associated logos or brand elements.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the intellectual property content on our website without our prior written consent. Any unauthorized use of our intellectual property may constitute a violation of applicable intellectual property laws, and we reserve the right to take legal action to enforce our rights.
Shopify's trademarks, logos, and service marks are the property of Shopify Inc. and are protected by applicable intellectual property laws. We are a Shopify merchant, but these Terms do not grant you any rights to use Shopify's intellectual property without the prior written consent of Shopify Inc.
If you believe that any content on our website infringes your intellectual property rights, please contact us at service@marterke.shop to provide details of the alleged infringement, and we will investigate the matter promptly.
SECTION 7 - THIRD-PARTY SERVICES AND LINKS
The Services may include links to websites, products, or services operated by third parties (including but not limited to payment processors, shipping carriers, and social media platforms). We do not control, endorse, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. Your access to and use of third-party websites or services is at your own risk, and you agree to comply with the terms and conditions of such third parties.
We may make available to you certain optional tools or services provided by third parties (e.g., product reviews, chat support, or analytics tools). We provide access to these tools "as is" and "as available", without any warranties, representations, or conditions of any kind. We shall not be liable for any losses, damages, or liabilities arising from your use of such third-party tools or services, and you agree to release us from any such claims.
Any transactions or interactions between you and a third party (including but not limited to payments, shipping, or product returns) are solely between you and that third party. We are not a party to any such transactions or interactions and shall not be liable for any disputes or claims arising therefrom.
SECTION 8 - RELATIONSHIP WITH SHOPIFY
MARS TERRA TRADING LIMITED operates its online store on the Shopify platform, which enables us to provide the Services to you. However, all sales and purchases made through our store are solely between you and MARS TERRA TRADING LIMITED. Shopify is not a party to any transactions between you and us, and Shopify does not endorse or guarantee any of our products or services.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of your use of our store, including but not limited to: the quality, safety, or legality of our products; any delays in shipping or delivery; any returns, exchanges, or refunds; or any losses or damages arising from your purchase or use of our products. You hereby expressly release Shopify and its affiliates, officers, directors, employees, and agents from all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Services or your transactions with us.
SECTION 9 - PRIVACY POLICY
We take the privacy of your personal information seriously, and all personal information collected through the Services is governed by our Privacy Policy. Our Privacy Policy outlines the types of personal information we collect, how we use and protect that information, and your rights with respect to your personal information. By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to our collection, use, and disclosure of your personal information in accordance with that policy.
As our store is hosted on Shopify, Shopify may collect and process certain personal information about you in connection with your use of the Services, in accordance with Shopify's Privacy Policy . You acknowledge that your personal information may be transmitted to and stored in countries outside of your jurisdiction of residence (including Canada, where Shopify is headquartered), and you consent to such transmission and storage.
SECTION 10 - FEEDBACK AND USER CONTENT
We welcome your feedback, reviews, comments, suggestions, and other content (collectively referred to as "Feedback") regarding our products and Services. By submitting Feedback to us (whether through our website, email, social media, or any other channel), you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, distribute, display, and exploit such Feedback for any purpose, including but not limited to improving our products and Services, marketing our store, and developing new products.
You represent and warrant that: (1) you own or have all necessary rights to submit the Feedback; (2) the Feedback does not infringe the intellectual property rights, privacy rights, or other legal rights of any third party; (3) the Feedback is not unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable; and (4) you have not received any compensation or incentive for submitting the Feedback (unless you disclose such compensation to us).
We are under no obligation to review, respond to, or use any Feedback, and we may delete or modify any Feedback at our sole discretion. We shall not be liable for any losses or damages arising from your submission of Feedback, and you agree to indemnify us for any claims arising from a breach of the representations and warranties set forth in this section.
SECTION 11 - ERRORS AND OMISSIONS
We make reasonable efforts to ensure the accuracy of the information on our website, including product descriptions, prices, availability, and shipping details. However, errors, inaccuracies, or omissions may occasionally occur (e.g., typographical errors, pricing mistakes, or product availability discrepancies). We reserve the right to correct any such errors, inaccuracies, or omissions at any time, without prior notice, and to cancel any orders placed based on incorrect information (e.g., an incorrect product price). If we cancel an order due to an error, we will notify you promptly and issue a full refund of any payments received from you in connection with that order.
SECTION 12 - PROHIBITED USES
You agree to access and use the Services only for lawful purposes and in accordance with these Terms. You may not, directly or indirectly, use the Services to: (1) engage in any unlawful, fraudulent, or deceptive activity; (2) violate any applicable laws, regulations, or ordinances (including but not limited to import/export laws, intellectual property laws, and privacy laws); (3) infringe the intellectual property rights or other legal rights of us, our affiliates, or any third party; (4) harass, abuse, threaten, defame, or otherwise harm any person or entity; (5) transmit or upload any viruses, malware, or other harmful code that may damage or disrupt the Services or the devices of other users; (6) scrape, crawl, or otherwise extract data from our website without our prior written consent; (7) impersonate any person or entity or falsely state your affiliation with any person or entity; (8) engage in any activity that may interfere with or disrupt the Services (including but not limited to overloading our servers or bypassing our security measures); or (9) resell, distribute, or export our products for commercial purposes without our prior written consent.
We reserve the right to suspend or terminate your access to the Services, or cancel any orders, at any time and without notice, if we reasonably believe that you have violated this section or any other provision of these Terms. We may also take legal action against you to enforce our rights and recover any losses or damages incurred as a result of your prohibited use of the Services.
SECTION 13 - AGENTS AND AUTOMATED TOOLS
For the purposes of these Terms, an "Agent" means any software, bot, script, or automated tool that accesses, uses, or interacts with the Services on your behalf, without direct human supervision. You may not use any Agent to access, use, or interact with the Services unless: (1) the Agent clearly identifies itself as an automated tool in all requests to our website; (2) the Agent does not mimic human behavior or circumvent any security measures we have implemented to prevent automated access (including but not limited to CAPTCHAs); and (3) you have obtained our prior written consent to use the Agent.
We reserve the right to limit or block access to the Services by any Agent, at our sole discretion, and to take legal action against any person or entity that uses an Agent in violation of these Terms. You agree to indemnify us for any losses or damages arising from your use of an Agent in violation of this section.
SECTION 14 - TERMINATION
We may terminate or suspend your access to the Services, or cancel any orders, at any time and for any reason (including but not limited to a breach of these Terms), without prior notice or liability to you. Upon termination, your right to use the Services will immediately cease, and you must discontinue all use of our website and intellectual property.
The following sections of these Terms shall survive any termination of your access to the Services: Intellectual Property, Feedback and User Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Contact Information. These sections shall remain in full force and effect indefinitely.
SECTION 15 - DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS SOLD THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY. IN SUCH JURISDICTIONS, THE DISCLAIMER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARS TERRA TRADING LIMITED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, YOUR PURCHASE OR USE OF OUR PRODUCTS, OR ANY OTHER INTERACTION WITH US, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
OUR AGGREGATE TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM, OR HKD 1,000 (WHICHEVER IS LESS). THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MARS TERRA TRADING LIMITED, its affiliates, officers, directors, employees, agents, licensors, and service providers (including Shopify) from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (1) your breach of these Terms or any other agreement with us; (2) your use of the Services (including any prohibited use); (3) your purchase, use, or resale of our products; (4) your submission of Feedback or other user content; (5) your failure to comply with applicable laws or regulations; or (6) any third-party claim that your use of the Services or our products infringes the intellectual property rights or other legal rights of a third party.
We will notify you promptly of any such claim, and you agree to cooperate with us in the defense of such claim. We reserve the right to assume the exclusive defense and control of any claim, and you agree to reimburse us for any costs or expenses incurred by us in connection with such defense.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect. The severed provision shall be enforced to the fullest extent permitted by applicable law, and we shall replace the unenforceable provision with a provision that is valid and enforceable and that best reflects our original intent.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
These Terms, together with our Privacy Policy and Refund & Exchange Policy, constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals (whether oral or written) between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party (i.e., MARS TERRA TRADING LIMITED).
SECTION 20 - ASSIGNMENT
You may not assign, transfer, or delegate these Terms or any of your rights or obligations under these Terms to any third party without our prior written consent. Any attempt to do so shall be null and void.
We may assign, transfer, or delegate these Terms or any of our rights or obligations under these Terms to any third party at any time, without prior notice or your consent, including but not limited to in connection with a merger, acquisition, or sale of assets.
SECTION 21 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of law principles. Any dispute, claim, or controversy arising from or related to these Terms or the Services shall be resolved exclusively by the courts of the HKSAR, and you consent to the exclusive jurisdiction and venue of such courts.
If any dispute cannot be resolved through negotiation, either party may initiate legal proceedings in the courts of the HKSAR. You waive any right to a jury trial in any such dispute.
SECTION 22 - HEADINGS
The headings used in these Terms are for convenience only and shall not be used to interpret, modify, or limit the meaning of the provisions of these Terms.
SECTION 23 - CHANGES TO THESE TERMS
We reserve the right to modify, update, or revise these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website, and we will indicate the effective date of the revised Terms at the top of the page. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates.
SECTION 24 - CONTACT INFORMATION
If you have any questions, concerns, or inquiries regarding these Terms, our products, or the Services, please contact us using the following information:
Trade Name: MARS TERRA TRADING LIMITED
Email Address: service@marterke.shop
Phone Number: +852 6384 5192
Physical Address: Clifford Ctr NO 778-784 Cheung Sha Wan Road, UNIT 9, 25/F, Cheung Sha Wan, Kowloon Hong Kong SAR
We will respond to your inquiries as promptly as reasonably possible, typically within 3-5 business days.
Effective Date: [Insert Effective Date]