Ordering

Credit Cards – Domestic (USA) Orders

We frequently are asked questions about how credit cards are charged when you place an order and when your order ships.  Marco does not take funds from customers until your order leaves our warehouse, ensuring that you are only charged for what you receive. Whenever you place an order with Marco, you provide us with your credit card number, expiration date, and verification code.

1. Authorization

This information is used to place an authorization on your account in the amount of the order total. This does not take money from you, but instead reserves funds in your account which assures Marco that you will have the funds available when your order ships.  This reserve, or hold will show up on your statement as a “pending” transaction typically.

2. Capture

When your order is in the final packing stages, we will initiate a “capture”. This references the original authorization and is the part where we actually get the money that you promised for the order.  The nice part here is that if your order changes, such as an item is out of stock, we will only capture the amount of money for the items that actually shipped.  The remaining hold will stay on your account from 7-30 days depending on your bank.

3. Debit Cards

Authorizing your card CAN affect your available balance, so make sure you have sufficient funds available BEFORE placing your order when using a debit card.

Credit Cards (International)

Our international shipping partner, iGlobal Stores, processes credit card payments. In order to guarantee exchange rates international payments are generally captured upon order completion. Please see the International Ordering Guide for more information.

Credit Card Privacy

Marco stores your number and expiration date in a highly encrypted format to simplify future orders. The card number itself cannot be read by any employee at Marco, and it is passed in an encrypted format to your processor if you make future orders with us.

Your verification code is never stored in our databases, but rather is passed to the credit card processor once for the authorization and is then discarded permanently after that. This is why you are asked to re-enter this code when you reorder on that credit card.

Marco is compliant with PCI-DSS standards, and maintains its database server behind an advanced encrypted firewall. This server is physically separate from our web server, adding another layer of security to credit card data.  Credit card data is only stored in an irreversible encrypted format,.

Legal Stuff – Terms and Conditions of Sale

 

1. Sale and Purchase of Goods

Marco Specialties Inc (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.

2. Purchase Price

Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.  While every effort is made to ensure correct pricing across our catalog, an incorrect price may be posted due to technical or other errors. In the rare event of a pricing error, Marco will give you the option of continuing the order at the correct price, or cancel your item at no cost to the customer.

3. Payment Terms

The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.

4. Delivery

Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices. All shipments are FOB (Free on board) shipping point, freight prepaid unless otherwise arranged in writing.

5. Limited Warranty

Seller supplies as its sole warranty the following:
All products shipped from Marco Specialties are warrantied for a period of 30 days as free of manufacturing defects, unless otherwise noted.
The warranties provided for herein shall be governed by Seller’s warranty policies in effect on the date of shipment.

6. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.

7. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

8. General

Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of South Carolina, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the State of South Carolina and hereby waives any objection to such jurisdiction and venue.