These Terms and Conditions (“Terms”) govern your access to and use of the websites, mobile applications and other online services (collectively, the “Services”) provided by Mantaray® and its parent, subsidiaries and affiliates (“Mantaray®,” “we,” “us” or “our”).
Please read these Terms carefully before using our Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all the Terms, do not access or use the Services.
1. Account Registration
You may browse the Services without registering for an account. However, to make purchases, access certain features or submit user content, you must register and create an account.
When you register, you agree to provide accurate and complete information about yourself. You are solely responsible for activity that occurs in your account and must safeguard your password. You must immediately notify us of any unauthorized account access or use.
2. Ordering Products
We make every effort to provide current product availability information, but items are subject to change without notice. Prices, taxes and shipping rates on listed products are subject to change.
When you place an order, you are offering to purchase the products at those prices. All orders are subject to acceptance and availability. We may reject any order for any reason.
Sales tax will be added to orders based on your shipping address and any applicable laws. Duties and customs fees may also apply for international orders. You are responsible for paying any such fees.
3. Payment
All payments are processed by secure third party payment processors. We do not directly collect or store full payment details. Any payment information provided to our payment processor is subject to their privacy policy and terms.
You agree to pay all charges related to purchases made through the Services by you or anyone using your account. This includes any shipping, handling, taxes, duties or other applicable fees.
If your payment fails or your account has insufficient funds, we may cancel your order or suspend your account until the full amount is paid. Any overdue amounts are subject to collection fees and interest.
4. Refunds and Returns
Generally, no refunds or exchanges are allowed for personalized or customized products. For all other eligible products, you may request a refund or exchange within 30 days of delivery.
Approved refunds and exchanges will be processed promptly. Refunds may take 1-2 billing cycles to appear on your payment statement depending on your bank’s policies. You are responsible for return shipping fees unless the return is due to our error.
5. Shipping and Delivery
We will make reasonable efforts to deliver your order according to estimated timeframes. However, delays are possible based on order volume, product customizations and other factors.
Shipment tracking information will be provided as available from our carrier. You may also contact us for updated delivery status. We are not liable for any losses related to delayed shipments.
You agree to inspect shipments promptly on arrival and note any visible damages or shortages. If no claim is reported within 3 days of receipt, you waive any claims for damages or loss.
6. Product Representations
We make reasonable efforts to provide accurate and complete information about products. However, we do not guarantee that all details, images, prices or availability information is error-free. Certain specs and product characteristics may depend on suppliers and can change without notice.
The colors displayed on your screen may vary based on monitor settings. We disclaim any liability related to mismatches with actual colors. Sizing charts are provided as guides only; actual fit may vary based on product type, materials and wearer. We reserve the right to correct any obvious errors in product descriptions.
7. User Content
You are responsible for any user content submitted, posted or shared through the Services. You retain ownership of your content, but by sharing it you grant us an irrevocable license to use it on or through the Services.
Do not share any content unless you have the rights to do so. User content must comply with our content policies and applicable laws. We may remove any user content at our discretion. You are fully responsible for the content you share.
8. Our Intellectual Property Rights
All content published or made available on the Services including designs, text, graphics, logos, images and other materials are our property or that of our licensors and protected by copyright laws.
You may access and use our content solely for personal and non-commercial purposes. You may not modify, copy, distribute, transmit, license or sell any content unless you have our express written consent.
9. Acceptable Use Policy
You must access our Services only for lawful purposes and in compliance with all policies herein and applicable laws. You agree not to:
- Infringe on our or others’ copyrights, patents, trademarks or intellectual property rights;
- Post any content that is abusive, threatening, violates privacy or legal rights of others or is harmful in any way;
- Use our Services to distribute malware, collect data or engage in surveillance;
- Impersonate others or manipulate identifiers to disguise your identity;
- Solicit personal data from minors;
- Harvest or collect user data without consent;
- Engage in any fraudulent, illicit or manipulative activities.
We reserve the right to terminate your account or block access to our Services for any reason and without prior notice.
10. Our Liability
We strive to provide great Services, but there are certain risks inherent in internet usage that we cannot be held responsible for.
We are not liable for any lost profits or special, consequential or punitive damages arising out of or relating to these Terms or your use of the Services. Our total liability arising out of these Terms is limited to the lesser of: a) the amount of fees paid by you to us in the 12 months prior to the event giving rise to liability or b) £500.
The foregoing limitations apply even if the remedies fail their essential purpose. Some jurisdictions do not allow certain limitations around damages, so some of the above limitations may not apply to you. Otherwise, these limitations apply to the fullest extent permitted.
11. Indemnification
You will fully indemnify, defend and hold us harmless from and against all claims, liability, loss, harm, damages, costs and expenses arising out of or relating to:
a) Your violation of these Terms or applicable laws;
b) Any user content you provide, submit, transmit or share on the Services;
c) Your violation of any third party rights, including intellectual property rights;
d) Any activity related to your account by you or any other person accessing or using the Services via your account.
12. Dispute Resolution
These Terms are governed by the laws of the United Kingdom. You agree to submit to the personal jurisdiction of the courts located in London, UK for resolution of any lawsuit or claim arising out of or relating to these Terms or the Services.
For any dispute not subject to arbitration, you agree to resolve it in the courts located in London, UK. You agree to file any claim only on an individual basis and not as part of a class action lawsuit.
If you are a consumer, some mandatory arbitration provisions may not apply to you based on your residence. See the United Nations Commission on International Trade Law (UNCITRAL) for details.
13. Changes to the Terms
We may modify these Terms from time to time when prudent to do so. If we make material changes, we will notify you via email or the Services. Updated Terms become effective immediately.
Your continued use of Services after any changes means you agree to the revisions. You should periodically review these Terms to ensure your understanding of any changes.
14. Account Termination
We may suspend or terminate your account if you violate these Terms. We reserve the right to deactivate accounts that are inactive for an extended period.
You may cancel your account at any time by emailing us. If you cancel, you will no longer have access to the Services, including any content you submitted. Any fees paid are non-refundable.
15. General Provisions
If any provision of these Terms is found invalid, the remaining provisions will remain intact and enforceable. Our failure to enforce strict performance of any provision does not waive our rights to subsequently enforce it.
These Terms express our entire understanding and agreement regarding use of the Services. They supersede any prior agreements or understandings not set forth within them.
