Effective Date: December 23, 2021. Last Updated: January 1, 2022.
PARTS
– The Site is managed by MARIO MUSCARIELLO LLC (the “Company/Vendor”)
– The Site was created to promote Mario Muscariello as an artist and fashion stylist and to promote and also online the art’s work and the fashion products signed Mario Muscariello, including accessories and home design objects (the “Company Services”).
– This Site is aimed at both professional traders “B2B” and consumers “B2C” (“You”, “Your”, “User”, “Users”, “Client”, “Customer”)
– The Company Services visible on the site can only be purchased by users residing in the USA (“Country” “Countries”).
– A large part of the fashion production is made in Italy by M.I.L.S. 1964 s.r.l. (“Producer”, “Manufacturer”).
– Mario Muscariello (“we”, “our”, “Mario”) is the main brand distributed by the Company on the Countries but also Mario Muscariello as a visual artist.
TRADEMARK and COPYRIGHT
Mario Muscariello is a registered and protected trademark in various parts of the world including the United States of America. The images and contents on the site are considered the fruit of human ingenuity and therefore protected as Copyright as well as as a trademark in the case of commercial products (Fashion garments and accessories).
TERMS of USE
Orders are subject to the reading and acceptance of our terms of use
PRIVACY POLICY
Orders are subject to the reading and acceptance of our política de privacidad
PRODUCTION ORDERS
Unless otherwise indicated, each product for sale on this site by the vendor will be made specifically for you and therefore does not fall within the products sold at distances and which can be returned without a valid reason.
ORDER CONFIRMATION
(fashion/my-COLLECTION)
Each new order in the my-COLLECTION category will be confirmed after 48 hours from receipt. The order confirmation will contain the presumed delivery date. The customer will have 40 hours to cancel the order or upgrade to a higher service category (my-WARDROBE and / or my-TAILOR). In the event of an upgrade to a different category, you will receive a pay-by-link by means of which you can pay the difference in price. Once the payment has been received, we will issue an order confirmation and start production.
(fashion/my-WARDROBE e/o my-TAILOR)
Both categories of service provide after payment, to set up a video consultation with an expert consultant with whom, depending on the service, we will proceed to the taking of the measures and the choice of production details. Only after the video consultation will the order confirmation be issued and production will begin.
(ART category)
The products of the Art category will be shipped within the times indicated in the product sheet which will also be reported in the order confirmation. The paintings being unique artifacts will be shipped from the places where they are on display (Europe, USA, or other country) with specialized courier and insurance against damage and / or theft.RIGHT of THE VENDOR
The seller, after sending the order confirmation, since he is producing the chosen product under the customer’s specific order, has the right to collect the pre-authorized sum at the time of the order.
(ART category)
No order cancellation or refund request will be taken into consideration once the shipment has started by entrusting the goods to the courier. Any request for reimbursement or opening a dispute to your bank in an attempt to block the transaction will be considered a serious violation of the terms of sale and if the traveling goods were to suffer damage due to failure or withdrawal or worse still for loss, the customer will be held liable. of the damage caused and we will be forced to take legal action against it.
RIGHT of RETURN
Contrary to what is indicated in the previous article, the seller will remain responsible in case the product should arrive damaged by shipping. In this case, the customer will be entitled to a full refund equal to the price paid.
CUSTOMER’s OBLIGATION
The customer must check that the packaging containing the product / good is intact upon receipt. If this is not the case, he will still have to withdraw it but reporting the right of reserve to the courier and reporting any damage to the goods contained. You will also have to photograph the damaged packaging before opening the box and then photograph the contents. You should also contact the seller immediately to inform them.
SHIPMENT DETAILS
After having entrusted the goods / goods to the courier, we will provide you with the name and tracking number of the shipment so that you can follow its path.
PROHIBITION on RESELLING
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site.
PRICE
The prices displayed on the Site are quoted in USD and are intended to be valid and effective only in the countries for which the shipment is available. If you live in a different country, change the site by choosing from those available. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
SALES TAX
In compliance with current regulations, prices will be increased by the rate set by the sales tax for your state of residence.
PRE-AUTHORIZED PAYMENT
Each direct payment from the website provides for a procedure called pre-authorization, by which we are not actually collecting the sum object of the purchase, but the sum is pre-authorized and made available to us for a reasonable period of time. This is to avoid that in case of cancellation of your order we would have to proceed with a refund form which would lengthen the time necessary for you to return the amount paid. During the pre-authorization instead, the money remains with your bank and where we have to cancel the pre-authorization, it will be faster for you to get back your money. Normally we collect the pre-authorized amount 48 hours after an order for products and / or goods that do not require video consulence, while for those that do require it in order to go forward and confirm the order before the start of production, we wait for this to take place. , before issuing confirmation and cashing. Usually between 4 and 5 days.
APPLICABLE LAW
The laws of the United States of America in the (Florida, Miami court) these Terms of Use and your use of the Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
DISPUTES
The Company, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to these Terms of Use, your use of the Site, or to any products or services sold or distributed by us through any retail channel or through the Site, or to any dispute of any nature between you and We, including disputes concerning the scope or applicability of this agreement to arbitration (“Disputes”), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Terms of Use became effective, will be resolved in a confidential, individual and fair arbitration process, and not in court. Each of us agrees to give up our right to sue in court (except small claims court), our right to have our claims heard by a jury, and our right to represent, in a class action or otherwise, anyone but ourselves. The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in Miami, Florida, U.S.A.
CHANGES TO THESE TERMS OF SALE
We reserve the right, in our sole discretion, to change these Terms of Sale, Terms of Use and Privacy Policy at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes. In the event we make material changes to the Terms of Use, notice of these changes will be posted in this page and the revised Terms of Use will take effect immediately.
ENTIRE AGREEMENT AND ADMISSIBILITY
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
LEGAL PRINCIPAL ADDRESS
If MARIO MUSCARIELLO Limited Liability Company 4627 Ponce De Leon Boulevard Coral Gables, Florida 33146, United States of America
HOW TO CONTACT USIf you have questions or comments about these Terms of Use or this Site, please contact a Customer Assistance representative by email [email protected]
Terms of Use
Welcome to the terms and conditions for using the mariomuscariello.us website. By placing an order with us, you are agreeing to accept these terms and conditions (‘The Conditions’).
Our terms and conditions can potentially change at any time, and it is up to you to check them regularly before ordering products in case there are any changes. If you don’t agree with the terms and conditions set out below, you shouldn’t use or access this website.
If you have any queries about our terms and conditions, please contact our Customer Service [email protected] before placing an order.
- MarioMuscariello.us is a part of Mario Muscariello LLC (‘Mario Muscariello’), registered in United States of America.
- Our registered office is 4627 Ponce de Leon boulevard, Coral Gables
PARTS
– Mario Muscariello website (the “Site”)
– The Site is managed by MARIO MUSCARIELLO LLC (the “Company”)
– The Site was created to promote Mario Muscariello as an artist and fashion stylist and to promote and also online the art’s work and the fashion products signed Mario Muscariello, including accessories and home design objects (the “Company Services”).
– This Site is aimed at both professional traders “B2B” and consumers “B2C” (“You”, “Your”, “User”, “Users”)
– The Company Services visible on the site can only be purchased by users residing in the USA, Canada, Mexico, Argentina and United Kingdom (“Country” “Countries”).
– A large part of the fashion production is made in Italy by M.I.L.S. 1964 s.r.l. (“Producer”, “Manufacturer”).
– Mario Muscariello (“we”, “our”, “Mario”) is the main brand distributed by the Company on the Countries but also Mario Muscariello as a visual artist.
TRADEMARK and COPYRIGHT
Mario Muscariello is a registered and protected trademark in various parts of the world including the United States of America. The images and contents on the site are considered the fruit of human ingenuity and therefore protected as Copyright as well as as a trademark in the case of commercial products (Fashion garments and accessories).
TERMS of SALES
Orders are subject to the reading and acceptance of our Términos y condiciones
PRIVACY POLICY
Orders are subject to the reading and acceptance of our política de privacidad
TERMS of USE
Please carefully read the following Terms of Use before using this website (the “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site
Mario Muscariello offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. Your continued use of this Site constitutes your agreement to these Terms and Conditions of Use.
AGE
The use of the Site is forbidden to minors under the age of 15 who are not authorized by their parents. We also invite parents to be vigilant to avoid unauthorized use and purchases in their own right and we cannot be held responsible for purchases that violate this point of the Terms of Use without being aware of it.
NEWSLETTER
The company offers the user the opportunity to subscribe to a periodic newsletter that will have as its subject the products offered by the seller, the special offers in time, the information on the news, the information regarding the changes to the privacy policy, the terms of use and terms of sale, as well as both virtual and physical events organized by the company.
CONDUCT ON THE SITE
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify the Company immediately. The Company may assume that any communications we receive under your password have been made by you unless we receive notice otherwise. You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “Mario Muscariello,” “Mario Club,” and “Windswell by Mario Muscariello.” You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without the Company express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without the Company express written consent.
LINKS
This Site may contain links to other websites, some of which are operated by Mario Muscariello or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. Mario Muscariello is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MARIO MUSCARIELLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARIO MUSCARIELLO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MARIO MUSCARIELLO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MARIO MUSCARIELLO NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, MARIO MUSCARIELLO’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MARIO MUSCARIELLO, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MARIO MUSCARIELLO NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MARIO MUSCARIELLO IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND MARIO MUSCARIELLO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Mario Muscariello in the defense of such matter.
APPLICABLE LAW
The laws of the United States of America in the (Florida, Miami court) these Terms of Use and your use of the Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
DISPUTES
The Company, including its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, and you agree that any and all disputes or claims relating in any way to these Terms of Use, your use of the Site, or to any products or services sold or distributed by us through any retail channel or through the Site, or to any dispute of any nature between you and We, including disputes concerning the scope or applicability of this agreement to arbitration (“Disputes”), as well as questions as to the arbitrability of any and all Disputes, and even if the events giving rise to Disputes occurred before this Terms of Use became effective, will be resolved in a confidential, individual and fair arbitration process, and not in court. Each of us agrees to give up our right to sue in court (except small claims court), our right to have our claims heard by a jury, and our right to represent, in a class action or otherwise, anyone but ourselves. The only exceptions to this arbitration agreement are that (i) each of you and we retain the right to sue in small claims court and (ii) each of you and we may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and we each irrevocably consent to the exclusive jurisdiction of the courts located in Miami, Florida, U.S.A.
CHANGES TO THESE TERMS OF USE
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies means you accept the changes. In the event we make material changes to the Terms of Use, notice of these changes will be posted in this page and the revised Terms of Use will take effect immediately.
ENTIRE AGREEMENT AND ADMISSIBILITY
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and the Company with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
HOW TO CONTACT US
If you have questions or comments about these Terms of Use or this Site, please contact a Customer Assistance representative by email [email protected]