Terms and Conditions

Terms and Conditions
Please read the Terms and Conditions carefully before using buymarlbo.com
This document is an electronic record in terms of Electronic Transactions Act. No 19 of 2006 and rules
there under as applicable and the amended provisions pertaining to electronic records in various
statutes as amended by the Electronics Transactions Act No. 19 of 2006.
This electronic record is generated by a computer system and does not require any physical or digital
signatures.
1. INTRODUCTION
Welcome to buymarlbo.com a website owned and operated by Marlbo Trading Company, Sri Lanka also
hereby referred as “we”, “us” or “Marlbo”. We are an online marketplace and these are the terms and
conditions governing your access and use of products and services of Marlbo along with its related
sub-domains, sites, mobile app, services, physical showrooms and tools (the “Site”). By using the Site,
you hereby accept these terms and conditions (including the linked information herein) and represent
that you agree to comply with these terms and conditions (the “User Agreement”). This User
Agreement is deemed effective upon your use of the Site which signifies your acceptance of these
terms. If you do not agree to be bound by this User Agreement please do not access, register with or
use this Site. This Site is owned and operated by Marlbo Trading Company (W 6296).
Marlbo reserves the right to change, modify, add, or remove portions of these Terms and Conditions at
any time without any prior notification. Changes will be effective when posted on the Site with no
other notice provided. Please check these Terms and Conditions regularly for updates. Your continued
use of the Site following the posting of changes to Terms and Conditions of use constitutes your
acceptance of those changes.
2. CONDITIONS OF USE
A. YOUR ACCOUNT
To access certain services offered by the platform, we may require that you create an account with us
or provide personal information to complete the creation of an account. We may at any time in our
sole and absolute discretion, invalidate the username and/or password without giving any reason or
prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of,
in connection with or by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification, password, account
details and related private information. You agree to accept this responsibility and ensure your
account and its related details are maintained securely at all times and all necessary steps are taken
to prevent misuse of your account. You should inform us immediately if you have any reason to believe
that your password has become known to anyone else, or if the password is being, or is likely to be,
used in an unauthorized manner. You agree and acknowledge that any use of the Site and related
services offered and/or any access to private information, data or communications using your account
and password shall be deemed to be either performed by you or authorized by you as the case may be.
You agree to be bound by any access of the Site and/or use of any services offered by the Site
(whether such access or use are authorized by you or not). You agree that we shall be entitled (but not
obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same
were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by
and agree to fully indemnify us against any and all losses arising from the use of or access to the Site
through your account.
Please ensure that the details you provide us with are correct and accurate at all times. You are
obligated to update details about your account in real time by accessing your account online. For
pieces of information you are not able to update by accessing Your Account on the Site, you must
inform us via our customer service communication channels including telephone, text message,
whatsapp and email to assist you with these changes. We reserve the right to refuse access to the Site,
terminate accounts, remove or edit content at any time without prior notice to you. We may at any
time in our sole and absolute discretion, request that you update your Personal Data or forthwith
invalidate the account or related details without giving any reason or prior notice and shall not be
liable or responsible for any losses suffered by or caused by you or arising out of or in connection with
or by reason of such request or invalidation. You hereby agree to change your password from time to
time and to keep your account secure and also shall be responsible for the confidentiality of your
account and liable for any disclosure or use (whether such use is authorized or not) of the username
and/or password.
B. PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site. The personal information /
data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance
with the Privacy Policy and applicable laws and regulations. If you object to your information being
transferred or used in the manner specified in the Privacy Policy, please do not use the Site.
C. PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the Site is an online platform that enables you to
purchase products listed at the price indicated therein at any time from any location using a payment
method of your choice. You further agree and acknowledge that the site shall be a contract strictly
between Marlbo and you. Marlbo is not liable to provide any third-party services to you.
D. CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted
and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be
guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to
allow for repairs, maintenance, or the introduction of new facilities or services at any time without
prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
E. LICENSE TO ACCESS THE SITE
We require that by accessing the Site, you confirm that you can form legally binding contracts and
therefore you confirm that you are at least 18 years of age. We grant you a non-transferable,
revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions
described herein, for the purposes of shopping for items and services as listed to be sold on the Site.
Use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you
are registering as a business entity, you represent that you have the authority to bind that entity to
this User Agreement and that you and the business entity will comply with all applicable laws relating
to online trading. No person or business entity may register as a member of the Site more than once.
Any breach of these Terms and Conditions shall result in the immediate revocation of the license
granted in this paragraph without notice to you.
Content provided on this Site is solely for informational purposes. Marlbo strictly protects the rights
for price, available stock, features, add-ons and any other details as expressed on this Site.
This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or
other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited,
distributed or otherwise exploited for any commercial purpose without express written consent by us
as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) without our express written consent. You
may not use any meta tags or any other text utilizing our name or trademark without our express
written consent, as applicable. Any unauthorized use terminates the permission or license granted by
us to you for access to the Site with no prior notice. You may not use our logo or other proprietary
graphic or trademark as part of an external link for commercial or other purposes without our express
written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed below; undertaking these activities
will result in an immediate cancellation of your account, services, reviews, orders or any existing
incomplete transaction with us and in severe cases may also result in legal action.
● Refusal to comply with or breach of the Terms and Conditions described herein or any other
guidelines and policies related to the use of the Site as available on the Site at all times. ●
Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with
any person or entity.
● Use the Site for illegal purposes.
● Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems
or networks connected to the Platform or Services.
● Interfere with another’s utilization and enjoyment of the Site;
● Post, promote or transmit through the Site any prohibited materials as deemed illegal by the
laws of Sri Lanka.
● Use or upload, in any way, any software or material that contains, or which you have reason to
suspect that contains, viruses, damaging components, malicious code or harmful components
which may impair or corrupt the Site’s data or damage or interfere with the operation of
another Customer’s computer or mobile device or the Site and use the Site other than in
conformance with the acceptable use policies of any connected computer networks, any
applicable Internet standards and any other applicable laws.
F. YOUR CONDUCT
You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be
interrupted, damaged or impaired in any way. You must not engage in activities that could harm or
potentially harm the Site, its employees, officers, representatives, stakeholders or any other party
directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in
any way. You understand that you, and not us, are responsible for all electronic communications and
content sent from your computer to us and you must use the Site for lawful purposes only. You are
strictly prohibited from using the Site for;
i. fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use
or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to
material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm),
deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene,
pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of
copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is
otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is
harmful to minors in any way; or impersonates another person; or threatens the unity, integrity,
security or sovereignty of Sri Lanka or friendly relations with foreign States; or objectionable or
otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” Use the Site
for illegal purposes.
iii. To cause annoyance, inconvenience or needless anxiety.
iii. for any other purposes that are other than what is intended by us.
G. YOUR SUBMISSION
Anything that you submit to the Site and/or provide to us, including but not limited to, questions,
reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive
property and shall not be returned to you. In addition to the rights applicable to any Submission, when
you post comments or reviews to the Site, you also grant us the right to use the name that you submit,
in connection with such review, comment, or other content. You shall not use a false e-mail address,
pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of
any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any
notice or legal course applicable to us in this regard.
H. CLAIMS AGAINST INFRINGING CONTENT
We respect the intellectual property of others. If you believe that your intellectual property rights
have been used in a way that gives rise to concerns of infringement, please write to us at
marlbo@sltnet.lk and we will make all reasonable efforts to address your concern within a reasonable
amount of time. Please ensure to provide your name, address, contact information and as many
relevant details of the claim including name of infringing party, instances of infringement, proof of
infringement amongst others. Please note that providing incomplete details will render your claim
invalid and unusable for legal purposes. In addition, providing false or misleading information may be
considered a legal offense and may be followed by legal proceedings.
We also respect a manufacturer’s right to enter into exclusive distribution or resale agreements for its
products. However, violations of such agreements do not constitute intellectual property rights
infringement. As the enforcement of these agreements is a matter between the manufacturer,
distributor and/or respective reseller, it would not be appropriate for us to assist in the enforcement
of such activities. While we cannot provide legal advice, nor share private information as protected by
the law, we recommend that any questions or concerns regarding your rights may be routed to a legal
specialist.
I. TRADEMARKS AND COPYRIGHTS
buymarlbo.com, Marlbo logo, the stylistic letter M of Marlbo, Marlbo, Marlbo Trading, Marlbo Basics
and other marks indicated on our Site are copyrights or trademarks or registered trademarks in the
relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are
a property of Marlbo Trading Company. All other trademarks that appear on this Site are the property
of their respective owners, who may be affiliated with, connected to, or sponsored by us.
All intellectual property rights, whether registered or unregistered, in the Site, information content on
the Site and all the website design, including, but not limited to text, graphics, software, photos,
video, music, sound, and their selection and arrangement, and all software compilations, underlying
source code and software shall remain our property. The entire contents of the Site also are protected
by copyright, trade mark, service mark, patent or other proprietary rights and laws as under
applicable laws and international conventions. All rights are reserved.
J. DISCLAIMER
You acknowledge and undertake that you are accessing the services on the Site and transacting at your
own risk and are using your best and prudent judgment before entering into any transactions through
the Site.
K. COMMUNICATING WITH US
When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will
be required to provide a valid phone number while placing an order with us. We may communicate
with you by e-mail, SMS, Whatsapp, phone call or by posting notices on the Site or by any other mode
of communication we choose to employ. For contractual purposes, you consent to receive
communications (including transactional, promotional and/or commercial messages), from us with
respect to your use of the website (and/or placement of your order) and agree to treat all modes of
communication with the same importance.
L. LOSSES
We will not be responsible for any business or personal losses (including but not limited to loss of
profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other
indirect or consequential loss that is not reasonably foreseeable to both you and us when you
commenced using the Site.
M. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its policies, these terms and conditions and any
other publicly displayed condition or service promise at any time. You will be subject to the policies
and terms and conditions in force at the time you used the Site unless any change to those policies or
these conditions is required to be made by law or government authority (in which case it will apply to
orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the validity and
enforceability of any remaining condition.
N. EVENTS BEYOND OUR CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond our reasonable control.
O. WAIVER
You acknowledge and recognize that we are a private commercial enterprise and reserve the right to
conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you
breach the conditions stated on our Site and we take no action, we are still entitled to use our rights
and remedies in any other situation where you breach these conditions.
P. TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately
terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and
Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use
of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all
password(s) and account identification issued to you and deny your access to and use of this Site in
whole or in part. Any termination of this agreement shall not affect the respective rights and
obligations (including without limitation, payment obligations) of the parties arising before the date of
termination. You furthermore agree that the Site shall not be liable to you or to any other person as a
result of any such suspension or termination. If you are dissatisfied with the Site or with any terms,
conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive
remedy is to discontinue using the Site.
Q. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed and construed in accordance with the laws of The
Democratic Socialist Republic of Sri Lanka. You agree, as we do, to submit to the exclusive jurisdiction
of the courts of Sri Lanka.
R. CONTACT US
You may reach us here (Contact us Link)
S. OUR SOFTWARE
Our software includes any software (including any updates or upgrades to the software and any
related documentation) that we make available to you from time to time for your use in connection
with the Site (the “Software”).
You may use the software solely for purposes of enabling you to use and enjoy our services as
permitted by the Terms and Conditions and any related applicable terms as available on the Site. You
may not incorporate any portion of the Software into your own programs or compile any portion of it
in combination with your own programs, transfer it for use with another service, or sell, rent, lease,
lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in
whole or in part. You may not use the Software for any illegal purpose. We may cease providing you
service and we may terminate your right to use the Software at any time. Your rights to use the
Software will automatically terminate without notice from us if you fail to comply with any of the
Terms and Conditions listed here or across the Site. Additional third-party terms contained within the
Site or distributed as such that are specifically identified in related documentation may apply and will
govern the use of such software in the event of a conflict with these Terms and Conditions. All
software used in any of our services is our property and/or our affiliates or its software suppliers and
protected by the laws of Sri Lanka including but not limited to any other applicable copyright laws.
When you use the Site, you may also be using the services of one or more third parties, such as a
wireless carrier or a mobile platform provider. Your use of these third party services may be subject to
separate policies, terms of use, and fees of these third parties.
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse
engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in
part, or create any derivative works from or of the Software.
In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and
without notice to you.
3. CONDITIONS OF SALE
Please read all conditions carefully before placing an order for any products on the Site. These
conditions signify your agreement to be bound by these conditions.
A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site.
B. THE CONTRACT
Your order is a legal offer to the marlbo to buy the product or service displayed on our Site. When you
place an order to purchase a product, any confirmations or status updates received prior to the
dispatch of your order serves purely to validate the order details provided and in no way implies the
confirmation of the order itself. The acceptance of your order is considered confirmed when the
product is dispatched to you or when you make the payment for the relevant order. If your order is
dispatched in more than one package, you may receive separate dispatch confirmations. Upon time of
placing the order, we indicate an approximate timeline that the processing of your order will take
however we cannot guarantee this timeline to be rigorously precise in every instance as we are
dependent on third parties to preserve this commitment. We commit to you to make every reasonable
effort to ensure that the indicative timeline is met. All commercial/contractual terms are offered by
and agreed to between you and the marlbo alone. The commercial/contractual terms include without
limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery,
warranties related to products and services and after sales services related to products and services.
Marlbo retains the right to cancel any order at its sole discretion prior to dispatch. We will ensure that
there is timely intimation to you of such cancellation via an email or sms. Any prepayments made in
case of such cancellation(s), shall be refunded to you within the reasonable time frames.
You confirm that the product(s) or service(s) ordered by you are purchased for your internal / personal
consumption and not for commercial re-sale. You authorize us to declare and provide declaration to
any governmental authority on your behalf stating the aforesaid purpose for your orders on the Site.
C. RETURNS
Please review our Return Policy for details.
Returns Policy
1. For returns, please contact our customer care here.
Valid reasons to return an item
1. Delivered product model is incorrect.
2. Delivered product does not match product specifications.
Conditions for Returns
1. Need to inform and return within 24 hours of delivery
2. The product must be unused, and without any flaws.
3. The product must include the original tags, user manuals, warranty cards, invoice and
accessories.
4. The product must be returned in the original and undamaged manufacturer’s packaging/box. If
the product was delivered in Marlbo packaging/box, the same packaging/box should be returned.
Do not put tape or stickers directly on the manufacturer’s packaging / box.
If your returned item does not meet the above requirements, we reserve the right to reject
any request for a refund.
Note: If your return request has been rejected, the item will be delivered back to you between 6-8
days. Items will be sent to scrap after three (3) failed delivery attempts and no refund will be given.
Issuance of Refunds
If your product is eligible for a refund, we will issue a payment voucher and you will be able
to purchase any product within this amount.
Important Note: The Voucher can only be applied once. The leftover amount will not be refunded
or used for next purchase even if the value of order is smaller than voucher value.
D. PRICING, AVAILABILITY AND ORDER PROCESSING
All prices are listed in Rupees and are inclusive of all applicable taxes and are listed on the Site by
Marlbo that is selling the product or service. Items in your Shopping Cart will always reflect the most
recent price displayed on the item’s product detail page. Please note that this price may differ from
the price shown for the item when you first placed it in your cart. Placing an item in your cart does
not reserve the price shown at that time. It is also possible that an item’s price may decrease between
the time you place it in your basket and the time you purchase it.
We list availability information for products listed on the Site, including on each product information
page. Please note that dispatch estimates are just that. As we process your order, you will be
informed by e-mail or sms if any products you order turn out to be unavailable.
Please note that there are cases when an order cannot be processed for various reasons. The Site
reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to
provide additional verifications or information, including but not limited to phone number and
address, before we accept the order. Delivery will be processed within 14 Days.
In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your
payment details before providing you with the product and to verify the personal information you
shared with us. This verification can take the shape of an identity, place of residence, or banking
information check. The absence of an answer following such an inquiry may automatically cause the
cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct
cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other
reasons without prior notice or any subsequent legal liability.
E. Terms of Delivery
Goods will be delivered within 07 days from the date of payment.
Promotional Vouchers
Each issued promotional voucher will be valid for use by a customer only once. Multiple usages
changing the identity is illegal.
Promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for
a single transaction only.
Promotional voucher may not be valid during sale or in conjunction with any special promotion.
Voucher will work only if minimum purchase amount and other conditions are met. Marlbo reserves the
right to vary or terminate the operation of any voucher at any time without notice.
Marlbo shall not be liable to any customer or household for any financial loss arising out of the refusal,
cancellation or withdrawal of any voucher or any failure or inability of a customer to use a voucher for
any reason.
Vouchers are not replaceable if expired.
Security and Fraud
● When you use a Promotional or Refund Voucher, you warrant to Marlbo that you are the duly
authorized recipient of the voucher and that you are using it in good faith.
● If you redeem, attempt to redeem or encourage the redemption of a voucher to obtain discounts
to which you are not entitled you may be committing a civil or criminal offense. ● If we
reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel
any voucher/order and you agree that you will have no claim against us in respect of any rejection
or cancellation. Marlbo reserves the right to take any further action it deems appropriate in such
instances
F. RESELLING MARLBO PRODUCTS
Reselling Marlbo products for business purposes is strictly prohibited. If any unauthorized personnel is
found committing the above act, legal action may be taken against him/her.
G. TAXES
You shall be responsible for payment of all fees/costs/charges associated with the purchase of
products from the Site and you agree to bear any and all applicable taxes as per prevailing law.
H. REPRESENTATIONS AND WARRANTIES
For a warranty claim, the buyer shall provide the Brand Name, Model Number, Serial Number, Invoice
Number and Date of purchase.
During the period of warranty, repairs and services for products purchased will be free of charge
against manufacturing defects only and no substitute product will be provided.
If any product is not repairable during the warranty period, a new product of similar description and
price will be provided free of charge.
On expiry of the warranty period, repair and service may be carried out at a nominal fee.
Pricing on any product(s) or related information as reflected on the Site may due to some technical
issue, typographical error or other reason be incorrect as published and as a result you accept that in
such conditions the seller or the Site may cancel your order without prior notice or any liability arising
as a result. Any prepayments made for such orders will be refunded to you per our refund policy as
stipulated.