Terms & Conditions – Markable Creators | the Infinity of Shopping

These terms and conditions apply to the purchase and sale of products (“Products”) through the Markable Creator app (in the form of web app, native iOS app, and native Android app) (the “App”) and Markable.ai website (the “Site”). By placing an order for such Products, you agree to be bound by and accept these terms and conditions. These terms and conditions are subject to change by Markable, Inc. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this App, and you should review these terms and conditions prior to purchasing any Product. These terms and conditions are an integral part of the App terms and conditions that apply generally to the use of our App. You should also carefully review our PRIVACY POLICY before placing an order for goods through this App.

1. Order Acceptance and Cancellation

Your receipt of electronic, or other forms of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. Orders placed using Site Credit will be available immediately to use once the order is canceled. Promotions will be refunded and reactivated in your account, as long as the promotion has yet to expire.

2. Fashion Show Orders

Once a Fashion Show is closed and the order is accepted by the designer, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. We will try to accommodate late preorder requests, but this is purely at the discretion of the designer. As soon as the order has been placed and the Fashion Show has closed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. Any delays, production changes, or cancellations will be communicated to the customer as soon as it is confirmed by the designer. Any other cancellation requests are at the discretion of Markable, and may only be refunded as Markable credit.

3. Payment Terms

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:

All orders are subject to verification for security reasons. You will be contacted and will have 48 hours to complete the verification process. If you do not respond after such time, you will be notified and the order will be canceled and refunded in the original payment method.

If you pre-order Products, you will be required to pay fifty percent (50%) of the amount due as a deposit at the time you place your order, exclusive of shipping fees and taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment. Please note that any available Markable Credit will be automatically applied toward the balance of any pending orders.

If you order Products available for immediate shipping, you will be required to pay the full amount due, plus shipping fees and any taxes and/or duties associated with the Product at the time you place your order.

Please be aware that because of the “pre-sale” nature of such transactions, you should expect a waiting period of approximately four to six (4 to 6) months between the date you place your order and the date that the Product is ready for shipment. The estimated delivery window will be noted on the Product page of the respective Fashion Show.

4. Changes in Products and Pricing

We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.

5. Shipping & Return Policy

The merchant will handle all shipping and returns, and the shipping policy will vary by merchant. Markable will provide the shipping and return information in the description of the product, and the merchant will also email you this information after you place your order. If you have any questions about a merchant’s shipping policy, you can email contact@markable.ai for assistance.

6. Advertising Disclaimer and Trademarks

7. Limitation of Liability

In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products. Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our App. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.

8. Product Colors

We have made every effort possible to ensure the colors are displayed as accurately as possible. Markable cannot guarantee your computer’s monitor will accurately display the true color. If you have any questions about the color of an item please contact contact@markable.us prior to placing your order.

9. Return Process

You may contact the merchant directly to request to return an item. The merchant will have provided you with the shipping and return information related to your purchase. You may also email contact@markable.ai and Markable will put you in contact with the merchant.

10. Contests and Promotions

On occasion, Markable issues promotional codes, site credits, and similar “gift certificates” which will provide a credit towards a purchase on the App when redeemed at checkout. These codes are non-transferable and are to be used only by the intended recipient. In particular, Markable reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.

Promotions are only eligible for full-priced products and are limited to one per transaction. Minimum spending may be required and will be communicated in any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Markable shall not be liable to any customer for any financial loss arising out of the refusal, cancellation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.

Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid for by you. Promotions may be applied to new Fashion Show orders, but will only be deducted from the balance due. The 50% deposit must be paid at the time the order is placed, in order to submit to the brand.

All promotions have an expiration date which will be indicated in your account or in any communication to the customer. Once a promotion has expired the amount may not be refunded. If the promotion is still active, it will be refunded back to the customer’s account to be used towards a future order.

Any and all Markable contest rules and regulations will be communicated directly to the customer.

11. Miscellaneous

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. The laws of the State of Delaware, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this App and the purchase of Products. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the State and Federal Courts of Delaware with respect to such matters.