The Martians
Terms and Conditions

Welcome to The Martians. We strive to fulfill your orders promptly and to your satisfaction. The Martians, games for young explorers is owned and operated by Magnet Moment (trading as The Martians, “We,” “Us”). If you have any questions about the site or its contents, please contact us at hello@the-martians.co.

These Terms and Conditions govern the use of www.the-martians.co (the “Site”) and outline the terms on which we supply the products available on the Site (“Products”). Please carefully read these Terms and Conditions before using the Site or placing any orders. By using the Site or ordering Products, you acknowledge that you have read, understood, and agree to be bound by these General Terms and Conditions. You can print a copy of these Terms and Conditions by clicking on the print icon in your browser.

These Terms and Conditions apply to all Product sales through the Site, superseding any other terms or conditions unless specifically agreed to in writing by us. If you disagree with these Terms and Conditions, please refrain from using the Site. Note that we may modify these Terms and Conditions, and your continued use of the Site signifies acceptance of any changes.

Definitions

• Buyer: The person named on the Order.
• Contract: The Order and Order Confirmation.
• Faulty: Containing a fault or defect; imperfect or defective.
• Order: Your order for a Product from the Site.
• Price: The price, postage and packing costs, and applicable taxes at the time of the Order.
• Terms and Conditions: The standard terms and conditions set out in this document.

Accessing and Using the Site

You agree not to use the Site improperly or unlawfully, complying with all reasonable instructions we provide. We may review your order and content for adherence to guidelines and compliance with these Terms and Conditions. We reserve the right to refuse processing orders that violate these terms.

Property Rights and Rights of Use

All intellectual property rights (meaning patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) are owned by and shall remain owned by Us or Our licensors. Site Content may only be used for personal, non-commercial purposes and cannot be reproduced, modified, copied, distributed, or sold.

Orders and Specifications

To place an Order you will need to follow the order procedure set out on the Site. Products are offered subject to availability, and we reserve the right to reject any order. Orders are accepted only after unconditional confirmation in the Order Confirmation. It is your responsibility to notify us of any errors in the Order promptly.

Pricing & Payment

Prices may change before order placement. We verify prices during dispatch, charging the lower amount if a discrepancy is found. Prices for EU orders include VAT; additional charges may apply for orders outside the EU. Payment must be made through our payment gateway providers at the time of order placement. Payment in full will be taken at this time and the Contract will be in force. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.

Delivery and Acceptance

Delivery is to the address shown on the Order, with the normal method. We may deliver orders in installments. Delivery times are estimates, and we are not liable for delays. Inspect Products upon delivery, and notify us of any defects immediately. If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights.
You must be available to accept delivery on the delivery date as the courier will only attempt re-delivery up to 2 times and then the delivery will be returned back to Us at your cost. If delivery is refused or returned due to a faulty address, you will be charged a return fee.
If you wrongfully fail to take delivery of the Order then We shall be under no obligation to refund the price.

Risk and Property

Risk passes to you upon delivery, but property remains ours until full payment is received.

Returns, Refunds, and Rights of Cancellation

You can cancel an order if not delivered within 40 days or if faulty. Email hello@the-martians.co to initiate cancellation. You must return any Product to Us in its original packaging (which You should retain for this purpose). Nothing in this clause affects your statutory rights.

Disclaimers and Limitation of Liability

While we strive for accurate and error-free information on the Site, we do not warrant the accuracy and completeness of Site Content. The Site and Site Content are provided “as is,” and we disclaim all other conditions and warranties. We are not liable for direct or indirect losses, damages, or disruptions to the Site. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Liability

We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. Our liability is limited to the net purchase price of the Product, excluding taxes and delivery costs. We are not liable for indirect losses, loss of profit, or data corruption. Some jurisdictions may not allow these limitations. Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

Indemnity

You agree to indemnify and hold us harmless from any claims, damages, costs, and expenses arising from your use of the Site.

Termination

We may remove the Site or terminate services at any time for any reason. We may also terminate your access with or without notice.

Data Protection and Privacy

Personal information collected is used in accordance with our Privacy Policy, an integral part of these Terms and Conditions.

Governing Law

This agreement is governed by the laws of North Macedonia, subject to the jurisdiction of its courts.