TERMS of USE

Effective Date: December 23, 2021. Last Updated: January 1, 2022.

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 customercare@mariomuscariello.com 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 terms of sale

PRIVACY POLICY

Orders are subject to the reading and acceptance of our privacy policy

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 legal@mariomuscariello.com