Terms of service

Welcome to marcalu.com (the “Website”). This Website is maintained and operated by Marcalu (referred to in these Terms and Conditions as “Marcalu”, “we”, “our” or “us”).

YOUR ACCESS TO AND USE OF THE WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET OUT BELOW, YOU MUST NOT ACCESS OR USE THE WEBSITE.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

1. Authorised Use of the Website

The Website is made available solely for personal, non-commercial and informational use. Any use outside these purposes requires Marcalu’s prior written approval.

You agree not to allow any other person or business to use information obtained from the Website for commercial purposes or for any purpose that is not personal in nature.

2. Unauthorised Use of the Website

You may not use spiders, robots, data-mining techniques or any other automated devices, systems or programs to catalogue, download, reproduce, store or distribute content available through the Website.

You may not use automated methods to manipulate the Website or automate processes that are intended to be performed manually or on an individual basis.

You may not take any action that interferes with or disrupts the Website or another user’s access to or use of the Website. Prohibited conduct includes, without limitation:

• overloading, flooding, mailbombing or crashing the Website;
• circumventing security or user-authentication measures;
• attempting to gain unauthorised access to the Website, its systems or associated accounts; or
• attempting to exceed the limited access and authorisation granted under these Terms and Conditions.

You may not frame or display any portion of the Website within another website.

You may not resell access to or use of the Website to any third party without our prior written consent.

3. Proprietary Rights

Marcalu and its affiliates own, or are properly licensed to use, all elements of the Website.

These materials include, without limitation, written content, product descriptions, photographs, videos, software, graphics, layouts, designs, copyrights, trademarks, service marks, trade names, logos and other intellectual-property or proprietary rights.

Certain materials may belong to third parties who have granted Marcalu or its affiliates permission to display or use them.

By accessing the Website, you agree not to reproduce, distribute, modify, alter, adapt, republish or create derivative works from any Website materials unless you have first obtained written permission from the applicable rights holder.

Except where expressly stated in these Terms and Conditions, your access to or use of the Website does not grant you any licence, ownership interest or other right in the Website or its contents.

All rights not expressly granted are reserved by Marcalu, its affiliates and the applicable rights holders.

4. Products, Specifications and Availability

Displaying a product or service on the Website does not guarantee that it will remain available or that every product description, specification, image, measurement or listed characteristic is complete or error-free.

We may update or correct product information at any time without prior notice.

Product colours, finishes, textures, proportions and other visual details may appear differently depending on your screen, device, browser and display settings. Although we make reasonable efforts to present products accurately, we cannot guarantee that digital images will precisely reproduce the appearance of the physical product.

Marcalu does not independently verify or endorse every statement made on the Website by customers, manufacturers, distributors, suppliers or other third parties.

Prices, availability, descriptions, specifications and other product information may be modified without prior notice.

5. Orders and Payment

An order confirmation acknowledges that we have received your order. It does not necessarily mean that Marcalu has accepted the order or agreed to complete the sale.

We may request additional verification, payment details or other information before accepting, processing or dispatching an order.

If a product is displayed at an incorrect price because of a typographical, technical, pricing or information error, Marcalu may reject or cancel the applicable order, including after an order confirmation has been issued or payment has been authorised.

If we reject, limit, cancel or otherwise modify an order, we will attempt to contact you using the email address supplied when the order was placed.

Where we cancel an order, or part of an order, after charging you, we will refund the amount paid for the cancelled portion.

By placing an order, you represent that the products you purchase are lawful to own and use in the location where you intend to receive, possess and use them.

You agree to possess and use all purchased products only for lawful purposes and in accordance with all applicable laws, rules and regulations.

Your purchase and use of products from the Website are also subject to any additional product instructions, safety guidance and care information supplied with the product.

6. Shipping, Risk of Loss and Title

To the extent permitted by applicable law, risk of loss and title for products shipped through the Website pass to you when the products are delivered to the carrier.

You are responsible for submitting any applicable claim to the carrier concerning a shipment that is lost or damaged in transit.

Nothing in this section limits any statutory rights that cannot lawfully be excluded or transferred.

7. Returns and Refunds

Your use of the Website and purchase of products through it constitute acceptance of our Refund and Return Policy.

Where a return or refund is accepted, it will be processed in accordance with that policy and any applicable consumer-protection laws.

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified.

8. Discount Codes

Marcalu reserves the right to reject or cancel an order and issue a refund where a discount or promotional code has:

• been used without permission;
• been used repeatedly contrary to its stated conditions;
• expired;
• been combined with another offer where combination is not permitted; or
• otherwise been applied improperly.

Unless expressly stated otherwise, promotional codes have no cash value and may not be exchanged, sold or transferred.

9. Limited-Time and Flash Sales

Products included in a flash sale or limited-time promotion remain available only during the period displayed in the applicable countdown, offer terms or promotional notice on the Website.

Promotional products are subject to availability and may sell out before the displayed promotional period ends.

10. Testimonials and Reviews

Marcalu may display testimonials, ratings, reviews, photographs or related materials on the Website.

These materials may be presented for illustrative purposes and may not reflect the experience of every customer.

Individual results, product experiences and preferences may vary.

11. Comments and Materials Submitted by You

Certain areas of the Website may permit you or other users to submit comments, reviews, text, photographs, images, videos or other materials, collectively referred to as “Content”.

You may submit only Content that you created or that you are legally authorised to use and distribute.

Where Content includes, depicts or identifies another person, you must obtain that person’s permission before submitting or publishing it. If the person is a minor, permission must be obtained from their parent or legal guardian.

Marcalu may ask you to provide evidence that the required permission was obtained.

You may not submit Content that is unlawful, harmful, abusive, defamatory, misleading, fraudulent, threatening, obscene, discriminatory, infringing or otherwise contrary to these Terms and Conditions.

By posting, uploading or otherwise providing Content through the Website, you represent and warrant that:

(a) you own the applicable rights or have obtained all permissions required to submit, publish and distribute the Content; and

(b) the Content does not infringe any copyright, trademark, publicity right, privacy right or other right belonging to a third party and does not violate any applicable law or regulation.

12. Materials Submitted by Others

Marcalu is not responsible for Content or materials provided by third parties, including any inaccuracies, omissions, loss or damage resulting from reliance on or use of that Content.

We are not required to review user Content before it appears on the Website.

However, Marcalu and its representatives may, in their sole discretion and without obligation, reject, restrict, edit, disable or remove Content.

This right includes Content that violates these Terms and Conditions or that we otherwise consider inappropriate, misleading or objectionable.

Marcalu does not endorse or guarantee the truthfulness, completeness, accuracy or reliability of third-party Content, communications, reviews or opinions published through the Website.

By using the Website, you acknowledge that you may encounter material that is inaccurate, offensive, harmful, misleading, improperly labelled or otherwise unsuitable.

13. Unsolicited Ideas

Marcalu does not accept unsolicited concepts, proposals or suggestions from outside the company, including ideas relating to advertising, promotions, merchandising, product designs, products, services or business operations.

We may already be developing, or may later independently develop, an idea similar to one submitted to us. This policy is intended to avoid misunderstandings concerning ownership, confidentiality or compensation.

If you submit an idea despite this policy, you acknowledge that the submission is not confidential and that Marcalu has no express or implied obligation to evaluate, use or compensate you for it.

To the fullest extent permitted by law, all current and future rights in the submitted idea throughout the world are irrevocably assigned to Marcalu.

If such an assignment is found to be legally unenforceable, you instead grant Marcalu an irrevocable, perpetual, worldwide, transferable, sublicensable and royalty-free licence to use, reproduce, modify, adapt, publish, distribute, display or otherwise exploit the idea through any existing or future medium, without compensation to you.

14. Third-Party Links

The Website may contain links to websites, platforms or services operated independently from Marcalu. Other websites may also link to or reference our Website.

When visiting a third-party website or service, you should review its terms, privacy policy and business practices.

Marcalu does not control and is not responsible for the content, security, availability, products, services, policies or practices of any third-party website, platform or service.

The inclusion of a link does not necessarily mean that Marcalu endorses or is affiliated with the applicable third party.

15. Marcalu Lifetime Warranty

15.1 Warranty Coverage

Marcalu warrants that eligible Marcalu cookware will be free from defects in materials and workmanship for the lifetime of the product when used under ordinary domestic conditions and in accordance with the care, safety and usage instructions supplied with the product.

This lifetime warranty applies only to cookware products that are expressly identified by Marcalu as carrying a lifetime warranty.

Unless expressly confirmed otherwise in writing, the lifetime warranty does not apply to replacement parts, consumable items, packaging or products supplied as complimentary or promotional items.

For the purpose of this warranty, “lifetime” means the reasonable useful lifetime of the eligible product. It does not mean the lifetime of the purchaser or an unlimited period regardless of the product’s condition, age, use or care.

15.2 Eligible Purchasers

This warranty applies only to the original purchaser of an eligible product purchased directly from the official Marcalu Website or from an authorised Marcalu retailer.

The warranty is personal to the original purchaser and may not be transferred, assigned or resold unless applicable law requires otherwise.

A gift recipient may make a claim where they can provide the original proof of purchase or acceptable gift receipt.

15.3 Proof of Purchase

To request warranty service, you must provide the original dated proof of purchase, order confirmation or other evidence reasonably acceptable to Marcalu.

Marcalu may also require photographs or videos showing the product, the alleged defect, the product markings and the condition of the product as a whole.

Where proof of purchase is unavailable, Marcalu may decline the claim unless applicable law provides otherwise.

15.4 What the Lifetime Warranty Covers

Subject to the conditions and exclusions in this section, the lifetime warranty covers manufacturing defects in materials or workmanship that arise during ordinary domestic use.

A manufacturing defect is a fault that was caused by the way the product was manufactured or by defective materials used in its manufacture.

Normal variations in colour, finish, glaze, texture, weight or appearance that do not affect the product’s intended performance are not manufacturing defects.

15.5 What the Lifetime Warranty Does Not Cover

The lifetime warranty does not cover damage, deterioration or defects resulting from:

• commercial, professional, restaurant, hospitality, rental or institutional use;
• misuse, abuse, neglect or use for a purpose for which the product was not designed;
• accidental damage, impact, dropping, thermal shock, overheating or allowing cookware to boil dry;
• use of excessive heat or prolonged heating while empty;
• improper cleaning, storage, handling, seasoning or maintenance;
• failure to follow supplied care, safety or usage instructions;
• use of unsuitable cleaning products, metal scouring pads, abrasive materials or harsh chemicals;
• staining, discolouration, fading, scratching, crazing, chipping, surface marks, utensil marks or cosmetic wear arising through ordinary use;
• gradual deterioration, natural wear and tear or the ageing of coatings, finishes, handles, knobs, rims, bases or other components;
• damage caused by appliances, ovens, hobs, grills, induction systems or heat sources that are incompatible with the product;
• unauthorised repairs, alterations or modifications;
• use of replacement parts or accessories not approved by Marcalu;
• damage caused during transportation, storage or handling after delivery;
• failure to inspect the product and report visible delivery damage within the period stated in our delivery or return policy;
• fire, flooding, natural disasters or other events outside Marcalu’s reasonable control;
• counterfeit products or products purchased from an unauthorised seller; or
• any use that is contrary to applicable laws, product warnings or safety guidance.

The warranty does not guarantee that a product will remain unchanged in appearance throughout its lifetime.

Changes in colour, gloss, patina or surface appearance caused by normal cooking, cleaning and ageing are not covered unless they result from a manufacturing defect that materially affects the product’s intended function.

15.6 Inspection of Warranty Claims

Marcalu may require you to return the product for inspection before approving a warranty claim.

Unless applicable law requires otherwise, you are responsible for safely packaging the product and following the return instructions provided by Marcalu.

Marcalu may decline a claim where the product cannot be inspected, where requested evidence is not provided or where the product has been discarded before the claim is assessed.

Products returned without prior authorisation may not be accepted.

15.7 Warranty Remedies

If Marcalu confirms that an eligible product has a covered manufacturing defect, Marcalu may, at its discretion and subject to applicable law:

• repair the product;
• provide an appropriate replacement part;
• replace the product with the same item;
• replace the product with an equivalent or reasonably comparable item; or
• provide another remedy required by applicable law.

Where the original product, colour, size or collection is no longer available, Marcalu may provide a replacement of comparable function and value. An exact colour, finish, design or model match is not guaranteed.

Replacement products or parts may be new or professionally refurbished where permitted by applicable law.

A replacement product does not begin a new lifetime warranty period. It remains covered for the remainder of the reasonable useful lifetime of the original eligible product, unless applicable law requires otherwise.

15.8 Refunds Under the Warranty

Where an eligible product cannot reasonably be repaired or replaced, Marcalu may, where appropriate and subject to applicable law, refund the original purchase price.

Any refund will ordinarily be issued using the original payment method where that method remains available.

The refund will not exceed the amount originally paid for the affected product.

15.9 Costs and Consequential Losses

Unless required by applicable law, the lifetime warranty does not cover:

• the cost of replacing other property;
• loss of food or ingredients;
• loss of use;
• installation or removal costs;
• indirect or consequential losses;
• commercial losses;
• loss of profit or revenue; or
• costs incurred without Marcalu’s prior written authorisation.

15.10 Making a Warranty Claim

To request warranty assistance, contact Marcalu’s customer support team and provide:

• your name and contact details;
• the original proof of purchase;
• the product name, size and colour, where known;
• a clear description of the issue;
• photographs or videos clearly showing the alleged defect; and
• any additional information reasonably requested by Marcalu.

Do not continue using a product that appears damaged, unsafe or structurally compromised.

15.11 Statutory Rights

This lifetime warranty is provided in addition to any rights and remedies available to you under applicable consumer-protection laws.

Nothing in this warranty excludes, restricts or modifies any statutory right or remedy that cannot lawfully be excluded, restricted or modified.

16. No Other Warranties

WHILE MARCALU USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR EXPRESS WARRANTIES STATED ON THE WEBSITE, INCLUDING THE MARCALU LIFETIME COOKWARE WARRANTY WHERE APPLICABLE, MARCALU MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS OF INFORMATION AVAILABLE THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH IT, IS PROVIDED “AS IS”, AND MARCALU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, MARCALU DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

MARCALU DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH IT, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NOTHING IN THIS SECTION EXCLUDES OR LIMITS AN EXPRESS PRODUCT WARRANTY PROVIDED BY MARCALU OR ANY RIGHT THAT CANNOT LAWFULLY BE EXCLUDED.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MARCALU SHALL NOT BE LIABLE FOR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF OR RELIANCE ON ITS CONTENT OR ANY ERRORS CONTAINED IN IT.

IN NO EVENT WILL MARCALU BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY OR PUNITIVE DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, MARCALU’S TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO MARCALU FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

THE ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms and Conditions excludes or limits liability where such liability cannot lawfully be excluded or limited.

If you are a California resident, you waive California Civil Code Section 1542 in connection with the foregoing, which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

18. Indemnification

You agree to indemnify, defend and hold harmless Marcalu and its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against all claims, demands, liabilities, losses, costs or expenses, including reasonable attorneys’ fees and costs, arising from or relating to:

• your breach of these Terms and Conditions;
• your misuse of the Website;
• Content submitted by you;
• your infringement of another person’s rights; or
• your violation of applicable law.

19. Changes to the Website and These Terms

Information made available through the Website may be updated, corrected, suspended or removed without prior notice.

Marcalu may revise these Terms and Conditions by publishing an updated version on the Website.

You should review this page periodically to remain informed of any revisions.

Your continued use of the Website after revised Terms and Conditions are published constitutes your acceptance of the updated terms.

20. Severability

If any provision of these Terms and Conditions is held or declared invalid, unlawful or unenforceable by a court or other authority of competent jurisdiction, that provision will be ineffective only to the extent of the invalidity or unenforceability.

The remaining provisions will continue in full force and effect.

Where possible, the invalid or unenforceable provision will be changed and interpreted so as to best accomplish its original objectives within the limits of applicable law and applicable court decisions.

21. Waiver and Remedies

Marcalu’s failure to partially or fully exercise a right, or its waiver of a breach of these Terms and Conditions, will not prevent Marcalu from subsequently exercising that right.

A waiver of one breach will not be considered a waiver of any subsequent breach of the same or another provision.

The rights and remedies available to Marcalu under these Terms and Conditions and any other applicable agreement are cumulative.

The exercise of one right or remedy does not prevent Marcalu from exercising any other available right or remedy.

22. Governing Law, Dispute Resolution and Arbitration

The laws of the State of New York govern these Terms and Conditions.

While we will make reasonable efforts to resolve any disagreement you may have with Marcalu, if those efforts are unsuccessful, you agree that all claims, disputes or controversies against Marcalu arising out of or relating to these Terms and Conditions or the purchase of any products or services (“Claims”) are subject to final and binding arbitration.

This requirement does not apply to matters that may be brought in small claims court.

The arbitration requirement applies regardless of the legal theory on which a Claim is based or the remedy sought, including damages or injunctive or declaratory relief.

Claims include those based on contract, tort, including intentional tort, fraud, agency, negligence by you or Marcalu, statutory or regulatory provisions or any other source of law.

It also includes Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise, and Claims made independently or together with other claims.

The party filing an arbitration must submit the Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration.

Any arbitration hearing that you attend will be held at a location selected by the American Arbitration Association in the same city as the United States District Court closest to your then-current residential address, or at another location agreed to in writing by you and Marcalu.

The arbitrator will apply New York law consistently with the Federal Arbitration Act.

You are not entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity.

You may obtain copies of the current rules, forms and instructions for initiating arbitration by contacting:

American Arbitration Association
Telephone: 800-778-7879
Website: www.adr.org

A single neutral arbitrator will resolve the Claims.

The arbitration will follow the procedures and rules of the American Arbitration Association in effect on the date the arbitration is filed, unless those procedures or rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail.

Those procedures and rules may limit the discovery available to you or to us.

The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested by you or by Marcalu.

Each party will bear the costs of its own attorneys, experts, witnesses and other expenses, regardless of which party prevails. However, a party may recover any or all expenses from the other party if the arbitrator determines that recovery is permitted under applicable law.

The arbitrator’s award will be final and binding unless you or Marcalu appeals it in writing to the arbitration organisation within fifteen (15) days after receiving notice of the award.

The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association.

An award issued by that panel will become final and binding after fifteen (15) days.

Any Claim you have must be commenced within one (1) year after the date on which the Claim arises, unless applicable law prohibits that limitation.

As stated above, you and Marcalu knowingly and voluntarily waive any right either party may have to a jury trial.

Marcalu will not choose to arbitrate a Claim that you bring in small claims court. However, if that Claim is transferred, removed or appealed to a different court, Marcalu may then elect to arbitrate it.

If this arbitration provision cannot be enforced by the specified arbitration organisation, the parties will mutually agree upon another arbitration organisation that will enforce it.

23. Class Action Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MARCALU EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING.

CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL, NON-CLASS AND NON-REPRESENTATIVE BASIS.

THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL, NON-CLASS AND NON-REPRESENTATIVE BASIS.