Privacy & Terms

Privacy Policy

This privacy policy (the "Policy") explains how information about you is collected, used, and disclosed by Mardel Stores, Inc. ("Mardel," "we" or "us") when you access or use our websites or other online or mobile services or applications (collectively the "Service"), sign up for our mailing list, and shop in our stores.

Information We Collect

Information You Provide to Us: We collect any information that you submit to us voluntarily through the Service or provide to us in any other way. We collect information when you create an online account or profile; use the interactive areas and features of our Service; make an online or in-store purchase; request customer service; participate in contests, promotions, or mailing lists; and when you email, call, or otherwise communicate with us. For example, when you make a purchase through our Service, we may collect transaction information, such as your name, billing address, shipping address, payment information, phone number, and email address.

Information Collected Automatically: We receive and store certain types of information automatically when you interact with our Service, emails, and online advertising. This information may include your IP address, browsing behavior while on our site, browser and device characteristics, referring URLs, the operating system you are using, and third party links, advertisements, and offers from our partners that you click on or other content that you may access or download from the Service.

Email: When you email us, we are collecting the information you include in your email communication to us.

Cookies and Tracking Technologies: We, and our third party vendors such as Google, use first-party cookies (such as Google Analytics), third-party cookies (such as Double-Click), and related tracking technologies to deliver and enhance the use of the Service, and inform, optimize, and serve ads based on your history with our websites. We also use first-party cookies and third-party cookies together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits on our website. A "cookie" is a small amount of data that gets installed on the hard drive of a user's computer serving as an anonymous unique identifier and allowing the website to recognize future visits from that user's computer. We use tracking cookies to analyze user behavior on our Service. For example, the information provided through cookies is used to recognize you as a previous user, to offer personalized web page content and information for your use, and to otherwise facilitate your experience in connection with our Service. Most browsers automatically accept cookies as the default setting, but you may choose to decline cookies if your browser permits. Please be aware, however, that doing so may affect your use of the Service (such as impeding you from logging in to your account) and hampering your ability to access certain features of our Service.

We may use "web beacons" or "pixel tags" to compile tracking information related to our email campaigns. A "web beacon" or "pixel tag" is an electronic image, also called a "gif," that may be used on website pages to deliver cookies, count visits and compile statistics on usage and campaign effectiveness, or in our emails to tell us if an email has been opened and acted upon.

Interest-Based Advertising: We may allow third party advertising networks to serve ads on our behalf across the Internet. To do this, they will collect anonymous information about your visits to our site, which may include such things as age, gender, and interests, and your interaction with our Service. They may also use information about your visits to other websites to target advertisements. These targeted advertisements may appear on other sites that you visit. We also utilize remarketing with Google Analytics to advertise online. This anonymous information is collected through the use of a cookie, pixel tag, or similar technology. To learn more about interest-based ads, and how you may be able to opt out of such targeted advertising, please visit the Digital Advertising Alliance's website at http://www.aboutads.info/choices or the Network Advertising Initiative website at http://www.networkadvertising.org/choices.

Display Advertising: We may utilize Google Analytics tools, including Remarketing, Google Display Network Impression Reporting, Double-Click Campaign Manager Integration, or Google Analytics Demographics and Impression Recording to support display advertising.

How We Use Your Information

Pursuant to the terms of this Policy, we may use the information we collect from you to:

provide and deliver products and services, process and complete transactions, and send you related information, including purchase confirmations, invoices, updates, security alerts, recall notices and support and administrative messages;

investigate and prevent fraudulent transactions and other illegal activities;

respond to your comments and questions and provide customer service;

communicate with you about Mardel and partner products, services, offers, promotions, news, upcoming events, and other information we think will be of interest to you;

monitor and analyze trends, usage and activities;

personalize the Service and provide advertisements, content, or features that are targeted toward your interests;

process and deliver contest or sweepstakes entries and prizes; and

provide, maintain, and improve the Service or our overall business.

Sharing Your Information

The information we collect is used to improve the content and the quality of our Service, and without your consent we will not otherwise sell, license or share your personal information to/with any other party(s) for commercial purposes, except: (a) to provide the Service, (b) when we have your permission, and/or (c) or under the following instances:

Affiliates: We may share the information we collect with our subsidiaries and affiliates, for operational, marketing and promotional purposes.

Credit Card Provider: We may share the information we collect with our banking partners, including U.S. Bancorp, which issues the Mardel Rewards Visa Card.

Service Providers: We may share your information with our third-party service providers that support various aspects of our business operations (e.g., web hosting, storage, shipping, fulfillment, mobile marketing, analytics providers, call center service providers, sweepstakes vendors, and payment processors). When we do use an outside company, we use contractual or other appropriate means to ensure that personal information is used in a manner that is consistent with this Policy.

Legal Disclosure and Business Transfers: We may disclose your information as permitted or required by law without your consent, if we are compelled to release information by a court of law or other person or entity with jurisdiction to compel production of such information (e.g., subpoenas). Additionally, if we have reasonable grounds to believe information could be useful in the investigation or prevention of improper or unlawful activity (i.e., suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use a), we may disclose information voluntarily to law enforcement agencies or other appropriate investigative bodies without obtaining your consent before doing so.

Mardel may sell, transfer or otherwise share some or all of its assets, including any information we collect from you, in connection with a merger, acquisition, reorganization, change in control, or sale of assets or in the event of bankruptcy.

Links to Third-Party Websites

Our Service contains links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Social Media Sharing

The Service may offer social sharing features or other integrated tools, which let you share actions you take on the Service with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. The fact that we link to or provide integrated tools for sharing with social media sites is not an endorsement, authorization or representation of our affiliation with that social media site, nor is it an endorsement of their privacy or information security policies or practices. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

Securing Your Personal Info

Mardel endeavors to safeguard your personal information to ensure that such personal information is protected from loss, theft, unauthorized access, or disclosure. However, hardware or software failure, the inherent insecurity of the Internet and other factors, may compromise the security of your information at any time. Therefore we cannot guarantee the security of your personal information.

Children and Minors

The Service is not intended for use by minors under the age of 13 and we do not knowingly solicit any information from or market to such minors. If you are a parent or legal guardian who discovers that your child has provided us with information without your consent, please contact us.

Changes

We may periodically update this Policy at our sole discretion. We will post any changes to this Policy to our website, and if the changes are significant, we will provide a more prominent notice (including, in some cases, email notification of such changes). Please ensure that your primary email address on file with us is correct. You can update or correct certain information through the Service. To do so, please visit the Mardel email preference center, where you can access and modify your individual preferences and some of your personal information, or contact us by email by clicking here.

Opting Out

We may send you communications regarding our Service, including (without limitation): (a) notices about your use of our Service (including any notices regarding violations of such use), (b) updates to our Service, and (c) promotional information and materials related to our Service. You may opt out of receiving these promotional emails and other promotional communications from us at any time by visiting the Mardel email preference center, and modifying your individual preferences or by contacting us with your specific request. Please note, however, that opt-out requests will not apply to non-promotional system messages (e.g., transactional service messages, security alerts, update notices).

Contacting Us

Please contact us with any questions, comments or concerns about this Policy.

Terms of Use

Thank you for your interest in Mardel! The Mardel website, currently located at http://www.mardel.com (including any sub-domains, subpages, directories, or mobile versions of the website), and all Mardel mobile applications and online services (collectively the "Site") are made available to you by Mardel Stores, Inc. ("Mardel," "us," "we," or "our").

1. Acceptance of Terms

Your access and use of the Site, is subject to the terms and conditions contained in these terms of use (the "Terms"). By accessing or otherwise using the Site, you ("visitor" "you" or "your") agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE SITE . We may revise these Terms from time to time with notice to you by email or by posting such revised Terms to the Site. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site.

Access and use of the Site are also subject to the Mardel Privacy Policy. We encourage you to read the policy to learn more about how we collect, use and share information about you and others that visit and interact with our Site.

2. Age Eligibility for Use and Access of the Site

The Site is not directed towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use the Site. In addition, you may not purchase products from our Site unless you are at least 18 years of age.

3. Account Registration

When you visit the Site you have the option of registering with Mardel. By registering with Mardel you may receive certain benefits, such as an expedited check-out process and access to your online order history. Registration is not required to access or use the Site, but you understand and acknowledge that certain features of the Site or benefits offered by Mardel may only be available to registered users. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

4. Purchasing Products from the Site

All purchases of products and services from the Site are subject to the Mardel Terms of Sale. The Terms of Sale is where you will find information on our policies and procedures relevant to your online purchase, including but not limited to shipping, taxes, returns and exchanges, gift cards, and other similar or related policies.

5. Ownership and Content

The content, including all text, graphics, logos, images, audio clips, video, data and other materials available through the Site (collectively "Content") is the sole property of Mardel and its licensors, and is protected by copyright, trademark and other intellectual property laws. Accordingly, Mardel and its licensors expressly reserve any and all rights and licenses not explicitly granted to you under these Terms. Subject to your compliance with these Terms, you shall have a non-exclusive, non-transferable, limited right to access and make personal use of the Site and the Content for non-commercial purposes only. Except as noted above, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner any Content from the Site, without the express written consent of Mardel.

6. Trademarks and Logos

The Site contains valuable trademarks owned and used by us to distinguish Mardel, its brand, and the services from those of others. The Site may also contain references to other entities' trademarks and service marks, but such references are for identification purposes only. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.

7. Acceptable Use of Our Site

By accessing the Site, you agree that you will not (and will not permit or encourage others to): (1) Use the Site or Content in violation of any applicable law, regulation, or ordinance;(2) Conduct fraudulent activities on the Site;(3) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or the Content for any commercial purpose without the express written consent of Mardel;(4) Transmit, copy, or download any Content (in whole or in part) for the benefit of any other merchant;(5) Use or attempt to use any software, tool, agent, robot, spider or other similar data mining, scraping and extraction tools to navigate, search, or crawl the Site;(6) Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site; or (7) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.

8. Links to Our Site

You are allowed to establish a hypertext link ("link") to the Site so long as the link does not state or imply any sponsorship of your Site by us. Without our prior express written permission, you may not frame, or in-line link, any of the Content or components of the Site, or incorporate into another Site or other service any of our intellectual property. Please contact us if you would like to request permission to frame any Content appearing on the Site or in-line link to the Site.

9. Links to Third Party Sites

The Site may provide links, advertisements, or widgets that permit you to access or interact with other websites (including social media sites) maintained by third parties. When you engage a third party's website or service which is linked to the Site, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such third-party websites. Posting of a link, advertisement, or widget pertaining to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by us or our licensors, regardless of whether or not the link is associated with a third party advertisement carried by the website. Accordingly, we are not responsible for the privacy practices of such third party websites nor any data or information you may share with such other websites, and make no warranties, express or implied, as to any third party websites or the products or services they provide. We therefore encourage you to be aware of this when you leave our Site, and to read the privacy policies and associated terms and conditions for each and every website that you visit.

10. Submissions

You are solely responsible for any information that you submit to us. By using the Site you agree not to submit or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights (including any intellectual property rights) of others. We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure to third parties of any submissions you make to us, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of the Site. By submitting or posting content on the Site, you grant Mardel and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content on the Site and on third-party sites.

11. Changes to the Site and Termination

We have the right, in our sole discretion, to terminate, change, or suspend (temporarily or permanently) any aspect of our Site, at any time, without notice or liability to you. Additionally, we reserve the right to restrict, suspend or terminate your use of and/or access to the Site, at any time, and for any reason, without notice or liability to you.

12. Errors, Inaccuracies, Availability

We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using. Prices and availability of products displayed on the Site are subject to change without notice and may vary from the prices and availability of products within our stores. Mardel seeks to describe and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, our Site may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without notice or liability to you.

13. Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules.

14. Disclaimers

WE PROVIDE THE USE OF THE SITE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SITE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT YOU UPLOAD TO THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

15. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOBBY LOBBY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOBBY LOBBY'S MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16. Third Party Notices

Portions of our Site may utilize the following copyrighted material of third party vendors (collectively, the "Third Party Vendors"), the use of which is hereby acknowledged. Your use of the Site is also subject to the following Third Party Vendors' terms and conditions:

a. AFNetworking (Copyright © 2011 Gowalla (http://gowalla.com/))
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

b. Google Toolbox for Mac (Copyright 2006-2008 Google Inc.)
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

c. iCarousel (Version 1.8, September 3, 2013 Copyright © 2011 Charcoal Design)
This software is provided "as-is" without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1) The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgement in the product documentation would be appreciated but is not required;2) Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software;3) This notice may not be removed or altered from any source distribution.

d. MBProgressHUD (Copyright © 2011 Matej Bukovinski)
This code is distributed under the terms and conditions of the MIT license. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

17. Indemnification

You agree to indemnify and hold harmless Mardel, its subsidiaries, affiliates, subcontractors, suppliers, and partners, and all of their respective officers, directors, employees, agents, or licensors, against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses and reasonable attorneys' fees) due to or arising out of your actual or alleged breach of the Terms or unauthorized access to or use of the Site.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted in accordance with the laws of Oklahoma, without regard to its principles regarding conflicts of law or your state or country of residence. You and Mardel agree that all claims, legal proceedings or litigation arising in connection with the Site will be brought solely before an arbitrator in Oklahoma County, Oklahoma and hereby irrevocably submit to, and waive any objection to arbitration.

19. Copyright Complaints

We respect the intellectual property rights of others and will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), our designated agent for notice of alleged copyright infringement in connection with the Site is:

ATTN: DMCA Agent
Mardel Stores, Inc.
7707 SW 44th St
Oklahoma City, OK 73179
dmcara@mardel.com
Fax (405) 745-1721
Phone (405) 745-1854

To file a notice of infringement with Mardel, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site.

20. Miscellaneous

These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Mardel with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time. Our failure to enforce any of the provisions of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of the Terms is held to be invalid, illegal or unenforceable, such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of you and Mardel, and that the remaining provisions shall remain in full force and effect.

21. Contact Us

We welcome any feedback, suggestions for improvements to the Site, as well as any questions, issues, concerns or other inquiries related to the Site. Please feel free to contact us at any time. Alternatively, you may reach us at our mailing address as follows:

Mardel
Attention Customer Service
7600 A SW 44th St
Oklahoma City, OK 73179

Terms of Sale

PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING ANY ORDERS THROUGH OUR SITE.

These terms of sale (the "Terms"), constitute a legally binding contract between you ("visitor" "you" or "your") and Mardel Stores, Inc. ("Mardel," "us," "we," or "our") that governs your purchase of any and all products and/or services (collectively, "Item(s)") made on or through the Mardel website, currently located at http://www.shop.mardel.com (including any sub-domains, subpages, directories, or mobile versions of the website), and all Mardel mobile applications and online services (collectively the "Site").

1. Acceptance of Terms

By placing an order for Items through the Site (an "Order"), you agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ORDER ITEMS FROM OUR SITE. Additionally, by placing an Order through the Site, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract with Mardel. If you are purchasing Items on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Mardel.

Your purchase of Items through the Site is also subject to the HobbyLobby.com Terms of Use and Mardel Privacy Policy, both of which are incorporated in their entirety into these Terms by this reference. In the event of a conflict between the Terms of Use and these Terms, these Terms shall prevail. PLEASE READ THE TERMS OF USE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING A REQUIREMENT THAT DISPUTES BETWEEN YOU AND HOBBY LOBBY BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS.

These Terms apply solely to Items that you purchase on or through our Site and do not extend to any Items that you may purchase at our physical retail locations ("Mardel Store(s)"). You understand that our Mardel Stores may have policies and terms of sale that differ from these Terms and we make no guarantees that such policies in effect within the Mardel Stores will be consistent with these Terms or vice versa.

2. Changes

We may change the Terms at any time and without notice to you. The Terms in effect at the time you place your Order will govern your purchase and serve as the purchase contract between us with respect to such Order. Before your next purchase, we may change the Terms without notice to you. Please be sure to review the current Terms each time you visit the Site. We recommend that you save or print a copy of the Terms for future reference when you make a purchase.

3. Placing Orders

To place an Order for Items through the Site, you must add the Items to your shopping cart, and complete the check-out process, including providing us with a valid mailing address, email and payment information. Once an Order is submitted, you may not change or cancel that Order. Please refer to our Return/Exchange Policy below for information on how to return Items you may have ordered in error. After you submit your Order, we will provide you with an Order confirmation through the Site and to the email address that you provided to us. The Order confirmation means that your Order request has been received by us; it does not mean that your Order has been accepted or shipped or that the price or availability of an Item has been confirmed. We reserve the right to reject an Order, at any time, and for any reason, in our sole discretion, including if you have not met the conditions specified at the time of the Order, if your payment cannot be processed, if the ordered Items are not available, or for errors on the Site or made in connection with your Order.

We may place a limit on the quantities of Items that may be purchased per Order, per account, per credit card, per person, or per household. If we are unable to supply the Items that you ordered, we may ship what Items you ordered that we can supply and will charge you the price, shipping, handling, and taxes applicable to the adjusted Order. In the event an Item you ordered is not available but an alternative but similar Item is available, we may contact you and offer you the option of replacing the ordered Item with its alternative. If you do not choose to purchase the alternative Item, we will cancel that Item from your Order. In the event of an error on the Site or made in connection with your Order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the Item at the correct price or canceling your Order.

4. Pricing and Payment

The prices listed for Items available through the Site do not include shipping, handling or taxes, if applicable. Prior to you submitting your credit card or other payment method, we will add all applicable shipping, handling and taxes to the price for the Items you are purchasing. You will have an opportunity to review the shipping, handling, and taxes before you complete your Order. Each Item in your shopping cart is shown at the current price. The Site does not have a price match guarantee. We will not match the advertised price other retailers offer for the same Items. If you have questions regarding the price of an Item or the associated shipping, handling, or taxes please contact Customer Service at 1-800-888-0321.

We offer different payment options as identified on our Site. We reserve the right to change our payment options at any time and for any reason, in our sole discretion. All Orders must be pre-paid before shipping. Pricing is for individual consumers. If you want to purchase for a commercial, educational or government organization, please contact Customer Service at 1-800-888-0321.

The prices, product selection and promotions offered at a Mardel Store location may be different from those on the Site. We do not guarantee that a price, product or promotion offered through the Site will be available or honored at a Mardel Store or vice versa.

5. Return/Exchange Policy

If you are not completely satisfied with the Items you have purchased through the Site you may return your Items to us within 30 days of the date of your purchase, subject to the following conditions (the "Return/Exchange Policy"):

To return an Item, you must complete the return form provided with your Order and send it to:

mardel.com
Attention Customer Service
7717 SW 44th Street
Oklahoma City, OK 73179

Items returned must be in sellable condition. Opened or used merchandise cannot be returned.

Shipping and handling charges will not be refunded.

We are unable to accept returns on opened software, music, DVDs, games or electronic devices.

Gift cards cannot be returned or redeemed for cash or credit except where required by law.

Mardel Stores cannot accept returns for Items purchased through the Site and the Site will not accept returns of Items purchased in Mardel Stores.

Seasonal merchandise in sellable condition must be returned within 30 days of the purchase.

Clearance items are non-returnable.

If you have received damaged, broken, or defective Items please contact Customer Service at 1-800-888-0321 before returning the Item(s).

We reserve the right to deny any return if it fails to meet the above conditions, in our sole determination.

If eligible, you will receive a refund for the purchase price of the Items and applicable sales tax. Credit will be issued to the credit card or other payment method used at the time of purchase. Please allow up to 2 weeks for your return to be processed and credit issued.

If you wish to exchange an Item you purchased through the Site, you may do so by:

Placing an Order through the Site for the new Items.

Subject to our return protocols noted above, return the unwanted Items to us for a refund.

6. Shipping and Delivery

All Orders placed on the Site are subject to product availability. We do not guarantee that an entire Order will be shipped together. If individual Items from your Order are determined to be out of stock, we may ship the remaining Items to you, with or without notice to you. All shipping and delivery dates noted on the Site are estimates only. Items ordered through the Site will be shipped according to the following policies:

a. 48 Contiguous United States

Orders are shipped via UPS and/or first class mail
Shipping charges are determined by the sub-total of your Order

Orders are typically processed within 2-3 days of their receipt, however, during peak holiday seasons (e.g., Mother's Day &Christmas) it can take an additional 1-2 business days to process your Order for shipment. Once your Order is shipped, it typically takes anywhere from 1-7 days for delivery to occur.

b. Alaska, Hawaii, US Territories, APO/FPO &PO Boxes

Shipping charges are determined by the sub-total of your Order
Orders are shipped via USPS Priority Mail, Parcel Post or 1st class mail and can take up to several weeks to arrive.

c. International Delivery

We do not accept international Orders through our Site. To place an Order with an international billing or shipping address call (405) 745-1275. Customer Service is available Monday - Friday 8:00-5:00 CST.

If you would like for us to ship your Order directly to you, you will be charged the actual postage amount. That amount is calculated once your Order is picked, packed and ready to ship. International shipping addresses are excluded from all shipping discounts. All Orders shipped to an international location will be charged the actual cost of shipping.

Please note that this international delivery restriction does not include Military Addresses, Guam, Puerto Rico &the US Virgin Islands. Subject to these Terms, we will accept and ship Orders to these destinations.

d. Gift Cards

All gift card orders are shipped via 1st Class Mail. If you place an Order for a gift card together with other Items, the gift card will be processed and mailed separately.

7. Export Restrictions

Items purchased from the Site may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such Items.

8. Promo Codes, Coupons, Rebates

You may only use promo codes and coupons that specifically state they are valid for use with the Site. Promo codes and coupons may be subject to certain limitations, including but not limited to limits on the number of redemptions, quantities purchased, eligible Items, geographic location, as well as being subject to expiration. You also understand that coupons offered through our Mardel Stores may not be valid for use on our Site and coupons offered through the Site may not be valid for use within the Mardel Stores. We reserve the right to refuse to honor any promo code or coupon, if we determine, in our sole discretion, that the promo code or coupon has expired, the Items ordered are ineligible, or that the promo code or coupon is otherwise invalid.

To the extent that any Item available through the Site contains a manufacturer's rebate or similar offer or promotion ("Manufacturer Promotion"), you understand and acknowledge that Mardel does not manage or have control over and shall not be responsible for any such Manufacturer Promotion, and that the manufacturer is solely responsible for the fulfillment, redemption, and eligibility determination for such Manufacturer Promotion. If you have any questions regarding a Manufacturer Promotion or your eligibility for such Manufacturer Promotion, we encourage you to contact the manufacturer.

Please note there are numerous sources of fraudulent Mardel coupons available online. Most of these sources originate from outside of the United States. As a result, Mardel is unable to prevent the dissemination of fraudulent coupons and will only honor the legitimate and authorized weekly Mardel "40% Off One Item at Regular Price" coupons.

9. Gift Cards

Gift Cards can be applied toward purchases made through the Site or at our Mardel Stores. Gift Cards have no expiration date; however some states may declare idle funds to be "unclaimed property." We cannot replace funds declared unclaimed property by the government. Therefore we encourage you to redeem your card promptly. Unused value on the card may be redeemed or refunded for cash only as required by applicable law. Lost or stolen cards will not be replaced. If an Order exceeds the amount of the Gift Card, the balance must be paid with a credit card or other available payment method. For balance inquiries, please call 1-877-303-4938 or you may check your gift card balance online here.

10. No Warranties

HOBBY LOBBY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO ITEMS SOLD ON THE SITE. THEY ARE WARRANTED, IF AT ALL, ONLY UNDER THE MANUFACTURER'S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE ITEMS ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. HOBBY LOBBY DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SITE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.

11. Errors on the Site

Mardel seeks to describe and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, the descriptions, images, references, features, content, specifications, and prices of Items described or depicted on the Site may be incorrect or out of date at any given time. We reserve the right to make changes to the Site at any time, including to correct any errors or omissions, and to update information at any time without notice or liability to you. We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using.

12. Termination or Suspension

We may terminate your account or use of the Site at any time for any reason, including, without limitation, if you are in breach of these Terms. By using the Site, you agree to be responsible for any Orders you make or charges you incur prior to such termination. We may change, discontinue, or otherwise suspend the Site at any time, for any reason, and without prior notice to you.

13. Miscellaneous

These Terms, including the Terms of Use, policies and information linked from or incorporated herein, constitute the entire agreement between you and Mardel with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. These Terms may only be amended as expressly provided in Section 2 above. For avoidance of doubt, any communications, emails, promotions, flyers, or other marketing materials that you may receive from Mardel or any employee or agent of Mardel, via the Site or from a Mardel Store, will not be deemed to be a modification or amendment of these Terms. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time. Our failure to enforce any of the provisions of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of the Terms is held to be invalid, illegal or unenforceable, such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of you and Mardel, and that the remaining provisions shall remain in full force and effect.

14. Contact Us

mardel.com
Attention Customer Service
7717 SW 44th St
Oklahoma City, OK 73179