Terms and Conditions for MarkusProducts.com and Markus Rothkranz Enterprises

Introduction and Acceptance of the Terms and Conditions

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Company’ (hereafter also referred to as, ‘Us’, ‘We’, or the ‘Website’), belonging to the company MarkusProducts.com. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express, written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Us as they are used to protect your rights as a valued customer and our rights as a business.

Changes to the Terms of Service and the Website

MarkusProducts.com is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

Access to the Website

We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.

Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with MarkusProducts.com by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password recovery procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using the Website in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.

We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Product Information

We take great care when putting product information, descriptions and images on-line, but will not be held responsible for any mistakes or omissions to any information given. None of the product statements have been evaluated by the FDA, and you should speak with a licensed, medical professional before taking any of our products.

Prices

The prices indicated on MarkusProducts.com are shown in US Dollars and do not include delivery costs. The delivery costs are clearly shown and invoiced during checkout, in addition to the price of the products. We reserve the right to modify our prices at any moment, but this will be indicated to you on the order at the time the order is placed. If an obviously-incorrect price appears on our website, and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error, etc.), your order will be canceled and the payment refunded to you, even if it has been initially validated.

Availability

We will always endeavor to fulfill your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 calendar days following the date of payment. If your order includes products that are temporarily unavailable, we will hold the entire order until all purchased products are available again. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined in our Return Policy, the return postage will be your responsibility. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

Secure Payment

MarkusProducts.com currently offers two ways to pay for your order: credit card and PayPal. These payment options use advanced SSL encryption to keep your transaction secure, and do not cost you anything to use (MarkusProducts.com is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments. Please refer to PayPal for its full terms and conditions for use of their service.

Delivery

Your order will be delivered to the address you indicated when your order was placed. The products bought on MarkusProducts.com will be delivered to a single address. We do not deliver to Germany. PO Box addresses are restricted to the USPS service. UPS does not deliver to PO Boxes.

MarkusProducts.com does everything in its power to respect the delivery times indicated on the Website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place. Please see our knowledge base article about lost shipments for more information.

Return Policy

Please review our Return Policy here.

Privacy and Protection of Personal Data

Please review our Privacy Policy here.

Intellectual ownership

All the content on MarkusProducts.com (illustrations, texts, names, brand names, images and videos) is the property of Markus Rothkranz and MarkusProducts.com. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Markus Rothkranz or MarkusProducts.com. All information, content and files is protected by International law concerning intellectual ownership and copyright. MarkusProducts.com cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offense of forgery, which is severely punished under the Intellectual Property Code.

MarkusProducts.com will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

Waiver and Severability

Any failure of MarkusProducts.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Company, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Feedback & Comments

Any opinions left on the Website by MarkusProducts.com customers are screened and moderated by Us. If the comments infringe on the law, or are inappropriate (e.g. abusive publicity, defamation, insults, out-of-context commentary), We reserve the right to refuse or modify it.

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Loyalty Rewards Program Terms and Conditions

The Markus Products Loyalty Program (the “Program”) sponsored by Markus Products (“Markus Products", "We", "Us", "the company”) is designed to help you get the most out of your membership. We reward you for doing what you already do: shopping on MarkusProducts.com (the “Website”). Best of all, you can use the points you earn to purchase more products! The following terms and conditions (these “Loyalty Program Terms and Conditions”) contain important information regarding the Program. Please read the following Loyalty Program Terms and Conditions carefully. These Loyalty Program Terms and Conditions are incorporated into the Website Terms and Conditions. Acceptance of the Website Terms and Conditions includes acceptance of these Loyalty Program Terms and Conditions. These Loyalty Program Terms and Conditions are a binding agreement between you and Markus Products and will govern your participation in any and all Program offers.

Participating in the Program entitles members (“Members”, "you") to take advantage of certain Program rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Markus Products in its sole discretion. Markus Products reserves the right to modify these Loyalty Program Terms and Conditions at any time, without notice to you, so it is important to check the Loyalty Program Terms and Conditions periodically. Participation in the Program or redemption of Rewards is considered acceptance of these Loyalty Program Terms and Conditions and any modified terms included therein.

Upon notice, Markus Products may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program or any Program Reward (“Reward”) at any time, including the availability of any Program Reward.

Program Period

This Program will continue until terminated, suspended, modified, or converted to another rewards program by Markus Products (the “Program Period”).

Eligibility

To become a Member of the Program, you must be 13 years of age or older. To enroll in the Program, you simply need to have registered for a Markus Products account. You do not need to have an autoship subscription to earn Points in the Program.

Earning Markus Products Loyalty Rewards Points

Once you have become a Member, you can begin racking up Markus Products Loyalty Rewards points (“Points”) the following ways:

• Shopping — every time you purchase a product from our online shop at MarkusProducts.com (the “Shop”), you earn 1 Point for every whole $1 USD spent per order (excluding tax, shipping charges and fees).

Upon notice, Markus Products reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the Points’ value structure and offers and any merchandise or service. Markus Products reserves the right to adjudicate all Points discrepancies in its sole discretion, and the Members agree to abide by any such adjudication. You can check your Markus Products Points balance on your account page.

Markus Products Loyalty Rewards Points Redemption

The Points are redeemable towards Rewards the amounts of either $3.00 USD, $8.00 USD, or $16.50 USD. You can redeem your Points for Rewards in your my account page on the Website. To redeem your Points, simply go your account page at MarkusProducts.com and click Loyalty Rewards in the menu. If you have enough points for a Reward, the “Claim Reward” button will appear on your screen. Click the “Claim Reward” button and a coupon code will appear. Clicking on this coupon code will automatically apply the Reward to your shopping cart. You must click the coupon code for the Reward to be applied to your shopping cart. Proceed to add items to your shopping cart, and click the “Checkout” button (if you’re not already signed in, the next screen will prompt you to sign in to your account). Continue through the checkout process. When you get to the Payment Details section, you’ll see a box that shows your coupon and its associated discount.

Rewards are for the purchases of products, autoship subscriptions, and Gift Cards on the Website only while supplies last. Product quantities may be limited. If a Member applies more Rewards than necessary to complete a purchase, the excess amount will be forfeited at the completion of that purchase. For example, if a Member uses an $8.00 Reward for an order that costs $5.99 total, the Member will forfeit the excess reward amount of $2.01 at the completion of that purchase. (Please note that payment information is still required, even for $0.00 purchases.)

If a Member has Rewards available, but not enough to pay for the entire purchase, the Member will be asked to select another form of payment to cover the remaining balance. For example, if a Member has a $100 order in the shopping cart, and applies a $3.00 reward, the Member will need to pay the remaining balance with either a credit card or through PayPal.

Refunds & Returns

Any items received as a result of Points redemption may only be exchanged for a refund of the applicable Points redeemed for such item (not cash or credit). Purchases made with Points redeemed for Rewards will ship in the normal course of business. Points earned via credit card transaction purchases on the Website will be rescinded in the event that such purchase is returned for a refund.

Markus Products Loyalty Rewards Points Minimums And Maximum

You cannot redeem Points for more than the total amount of your purchase. Points are not redeemable for cash.

Markus Products Loyalty Rewards Points Balance

You can always check your Markus Products Loyalty Rewards Point balance in your account page on the Website.

Markus Products Loyalty Rewards Points Expiration

Points will expire 18 months from the date they were first earned. If Member does not redeem Points within this time frame, Member forfeits all such Points. Your account page lists your Points balance history, which displays the dates your points were earned.

Reward Conditions

Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Rewards. Markus Products makes no warranty in any respect as to any Rewards, merchandise or service available within the Program.

Termination

Markus Products may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward. Markus Products may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Loyalty Program Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Loyalty Program Terms and Conditions. Markus Products reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Markus Products deems or suspects that such Member has engaged in or has attempted to engage in any of the following:(a) acting in violation of these Loyalty Program Terms and Conditions; or(b) damaging, tampering with or corrupting the operation of the Program or Website; or(c) acting with intent to annoy, harass or abuse any other person; or(d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or(e) activity deemed in the sole discretion of Markus Products to be generally inconsistent with the intended operation of the Program. Any decision Markus Products makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Markus Products shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Loyalty Program Terms and Conditions or intent of these Loyalty Program Terms and Conditions.

Release

Except for willful misconduct or gross negligence on the part of Markus Products, by participating in the Program, Members release Markus Products, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program or the use of any Rewards.

Indemnification

Members agree to indemnify, defend and hold Markus Products and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Loyalty Program Terms and Conditions or any violation by Member of applicable law.

Governing Law

The laws of the State of Nevada shall govern these Loyalty Program Terms and Conditions. Member hereby expressly consents to exclusive jurisdiction and venue in the courts located in Nevada for all matters arising in connection with these Loyalty Program Terms and Conditions or Member’s participation in the Program.