Terms of Use

 

TERMS AND CONDITIONS

Thank you for visiting www.marlinyc.com (the “Website”).  This Website is expressly owned and operated by MA LUXURY DESIGN GROUP INC. dba MARLI NEW YORK, a New York corporation ("MARLI,” "we," "our," "us").  YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. These legal terms and conditions govern the use of and access to this Website, and constitute an agreement between MARLI and you, the visitor.

 

Your use of this Website (regardless of your review of these terms) signifies your acceptance to, and your agreement to be bound by the following terms of use, including our policy related to Privacy and Purchasing set forth on this Website, and incorporated herein by reference (collectively, the "Terms of Use" or this “Agreement”). If at any time you do not agree to these Terms of Use, please do not use the Website.

 

MARLI reserves the right to periodically revise, add, or remove portions of these Terms of Use with no prior notice and at its sole discretion. It is your responsibility to check these Terms of Use periodically for changes. By using this Website after any such change, you agree to comply with, and be bound by, the Terms of Use as changed. Should you have any questions concerning any of our policies, please feel free to contact us. Providing that you comply with these Terms of Use, MARLI grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Website.

 

Ownership of Proprietary Information
Copyright, Trademark & Other Intellectual Property Protection
This Website as a whole and all material on this Website, including but not limited to all design and content such as photographs, images, illustrations, text, designs, logos, trademarks, trade dress and other materials, are protected by copyright, trademarks, trade dress, and other intellectual property rights, whether registered or unregistered, and exclusively owned by MARLI. All worldwide rights, titles, and interests are reserved.

The contents of our Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of our Website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of MARLI. Unless expressly set forth in writing from us, we do not authorize any reproduction, publishing, display, modification, sale, or distribution of any of its products or materials. Among other things, you may not (i) create derivative works from, sell or participate in any sale of, this Website, any of the materials on this Website, or any related software,  or reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; (ii) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content for any purpose; (ii) extract or copy any site content; (iii) use any meta tags, search terms, key terms, or the like that contain the Website’s name or MARLI marks;

 

You may, for your personal, noncommercial use only, download or electronically copy and print any of the page contents displayed on the Website. Should you choose to download, copy, or forward any Website materials via email, no right, title, or interest in those materials will be transferred to you.

 

The name and the mark MARLI, and MARLI NEW YORK, and all other marks and logos depicted on this Website and supplied by MARLI, whether registered or unregistered, are trademarks or service marks of MARLI, and shall at all times be exclusively owned by MARLI, and shall at all times remain vested in MARLI, in the United States and in other countries.


Warranties, Disclaimers and Limitation on Liability
While we endeavor to present the most accurate information on this Website at all times, there may be times when the Website contains incomplete or inaccurate data, including typographical errors or inaccuracies. Any errors are wholly unintentional.  Prices and descriptive information or imagery are subject to change without notice. Some products may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings. We sincerely apologize for any inconvenience this may cause.  We reserve the right to extend, modify or discontinue any offer at any time without notice.

Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, suppliers, successors and assigns of each (collectively, the “MARLI Affiliates”), will not be liable for any damages whatsoever arising out of or related to the use of the Website or any other site(s) linked to it. This limitation of liability applies to direct, indirect, consequential, special, exemplary and punitive or other damages you or others may suffer, as well as damages for lost profits, failure of performance, business interruption, computer viruses, file corruption, communication-line failure, network or system outage, the loss of data or information any other tangible or intangible loss, even if we are notified in advance of the potential for any such damages.

It is possible that other users or unauthorized persons post or transmit offensive or obscene materials to or from the Website and that you may involuntarily be exposed to such materials. It may also be possible for other users or unauthorized persons to obtain personal information about you. By using this Website, you assume the risk of such occurrences. Additionally, you specifically acknowledge and agree that neither MARLI nor any MARLI Affiliate shall be liable for any defamatory, offensive or illegal conduct of any user of the Website, or for any loss or damage resulting from a third party’s unauthorized use of the Website or your personal information.

 

THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MARLI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, AND THAT MARLI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.  To the fullest extent permissible by applicable law, and without limiting the generality of the foregoing, the MARLI and the MARLI Affiliates expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.

Without limiting the generality of the foregoing, MARLI and MARLI Affiliates make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.

To the extent certain jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, then some of the above disclaimers and limitations may not apply to you.

Indemnification  

You hereby agree to indemnify, defend, and hold harmless MARLI and the MARLI Affiliates, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party, or your use or misuse of the Website. 

 

Links
This Website may contain links to other Websites. We are not responsible for the availability of, or any content or material contained in, or obtained through, any such Websites. We do not endorse those Websites or materials. Any questions or comments relating to any other Website should be addressed to the operator of those Websites. No linking to this Website is permitted without prior written permission from MARLI.

Correspondence & Use of Submissions
While we welcome your comments and feedback regarding our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Website or any email connection. Any and all communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to MARLI on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website ("Submissions") shall be and remain MARLI property. Such Submissions shall constitute an assignment to MARLI of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. MARLI is under no obligation to (i) respond to any Submissions, (ii) maintain Submissions in confidence, or (iii) pay compensation of any kind for your Submissions. Any Submissions by you is a declaration on your party of the full release of all proprietary claims and/or intellectual rights regarding your Submissions. We will not use your name in connection with any such Submissions unless we first obtain your permission or otherwise are required by law to do so.

 

Applicable Law and Dispute Resolution

By visiting the Website, you agree that the laws of the state of New York will govern these Terms of Use and any dispute of any sort arising between you and us. Any claims asserted by you in connection with the Website must be made within one (1) year of the date of the incident to which it relates or forever be barred. This Website has been designed to comply with the laws of the State of New York. If any material contained within the Website, or any of your use of the Website, violates the laws of the location where you are when you access the Website, we ask that you refrain from using the Website.

 

Any dispute relating in any way to your visit to our Website shall be submitted to confidential arbitration in New York City, New York. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the Website shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

 

To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

 

Grievances for California Website Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

 

Miscellaneous Provisions

These Terms of Use and any policies or operating rules posted on the Website constitute the entire agreement and understanding between you and MARLI with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and MARLI with respect to such subject matter.


If any provision in within these Terms of Use is held by a court of competent jurisdiction or by an arbitrator to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of these Terms of Use shall continue in full force and effect.

Any failure by MARLI or you to exercise or enforce any right or provision hereunder shall not constitute a waiver of such right or provision, or any other provision herein.  MARLI may freely assign these Terms of Use or any of its rights and/or obligations hereunder.

 

Termination
You agree that MARLI may terminate or suspend your access to all or part of this Website, without notice, for any conduct that MARLI, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of MARLI or another user. Notwithstanding such termination or suspension, you will continue to be subject to the Intellectual Property, Warranties, Disclaimers and Limitations of Liability, Indemnification, Applicable Law and Jurisdiction, Correspondence and Use of Submissions sections of these Terms of Use.

MARLI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that MARLI shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.

 

PRIVACY POLICY

Your Privacy

Protecting your privacy and securing your personal information is very important to us. Our privacy policy outlines the information we collect, how and why we use the information, and the safeguards we have in place to protect that information.

Your Consent

By accessing and using this Website you consent to our privacy policy, and give us your permission to process and use submitted personal data in accordance with this privacy policy.

 

MARLI reserves the right to periodically revise this privacy policy with no prior notice and at its sole discretion.  We will post the updated policy on our Website. It is your responsibility to check this privacy policy periodically for changes, and we encourage you to do so from time to time.  This policy was last updated on September 15, 2015.
 

Information We Collect

We use cookies. Cookies are small files that are automatically stored on your computer capturing certain information (such as what Websites you visit, and how often). You can set your browser preferences to automatically disable cookies, if you do not wish to have cookies on your system.
 

Use of Information

We maintain customer data for purposes of customer relationship management. We may use the information you provide us for promotion, marketing research and analysis, to review our performance and improve our services to you,

 

Securing Your Information
We take reasonable steps in order to keep information supplied by you confidential, and make certain that your information is accessible only by authorized personnel. Regardless of our reasonable attempts to safeguard your personal information from unauthorized access, use or disclosure, you accept that we cannot guarantee the security of your information as security can sometimes be breached and Internet data transmission can be accessed by unintended recipients. Accordingly, your use of this Website is subject to the Warranties, Disclaimers and Limitation on Liability section of these Terms of Use, and you agree not to hold us responsible for any breach of security.

Disclosing Information to Third Parties
We have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. From time to time, we may share personally identifiable information with contracted third parties in order to maintain our Website, manage our database, distribute e-mails and provide client communications. The personal information you provide may be processed by these third parties, on our behalf, on an as-needed basis. However, we do not authorize any of these service providers to make any other use of your information, and do not otherwise disclose your information to third parties, unless we are required to do so by law or in connection with a legal claim or proceeding. In the event MARLI is acquired by another entity or is merged or consolidated, information about MARLI customers may be made available to the new entity. However, the new entity will agree to protect the confidentiality of your personal information consistent with this Privacy Policy.

For additional information regarding the third parties to whom information is disclosed, and to request the nature of the information that has been disclosed, please contact us by sending an e-mail to our customer service at info@marlinyc.com. Upon thirty (30) days of your request, we will provide you with categories of information disclosed. 

Children's Online Privacy Protection Act Compliance
We are committed to protecting the safety of children online. Therefore, in accordance with the requirements of Children's Online Privacy Protection Act, we do not knowingly collect any personally identifiable information from anyone under the age of thirteen. If we receive actual knowledge that a subscriber is under thirteen, we will eliminate all personal information relating to this subscriber from our files. If you are under thirteen, please ask your parents or legal guardian to use the online store.

 

PURCHASING POLICY

If you make a purchase at the Website, your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") appearing on this Website, which are hereby incorporated into and made part of these Terms of Use. Please review our Purchase Policies before making any such purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.

Nothing on this Website constitutes a binding offer to sell the products described on the Website or to make such products available in your area. MARLI reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in MARLI’s sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.  The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, MARLI has 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, MARLI will issue a refund to your credit card account.

 

Custom Orders

While not all MARLI merchandise is customizable, we are happy to work with you, to the extent possible, to accommodate your request for a custom order.  Resizing requests are considered custom orders.  MARLI reserves the right to refuse any request for customization. Custom orders cannot be returned.   If a custom order is returned to MARLI’s warehouse, no refund will be provided. Please note, custom orders require 3-4 weeks for production and processing, and price may vary.  Once processed, custom order merchandise ships according to MARLI’s Shipping and Handling policy.

 

Special Orders

Special orders may be placed for out of stock MARLI merchandise, or if you require merchandise to be delivered outside of MARLI’s standard Shipping and Handling policy delivery period.  You may place a special order by telephone at +1 (646) 370-4982, or by emailing your request to sales@marlinyc.com.   Once a special order is placed, you will receive an email, confirming receipt of your order.  Once the order is accepted by MARLI, you will receive a second email confirming the order has been accepted and providing details specifying when the order will ship.  Please note, special orders require 3-4 weeks for processing.  Once processed, special order merchandise ships according to MARLI’s Shipping and Handling policy.

 

Accepted Forms of Payment

MARLI accepts each of the following forms of payment for online purchases: Visa, Mastercard, American Express, Discover, Paypal, Maestro, Bitcoin. At this time, we do not accept MARLI gift cards for online purchases. If payment is not accepted online, please contact your bank for approval of your transaction or select an alternate form of payment. Please note, your billing address, phone number, and email must match the information on your credit card statement. Full payment is due before any order is processed and produced.  Only one (1) form of payment is acceptable per order, multiple methods of payment will not be processed.

 

Shipping and Handling – Domestic and International

Orders are processed Monday through Friday only. Orders are not processed on national holidays. All orders placed outside of the designated window will be processed the following business day. Order processing time includes item selection, handling, packaging and shipping. Please allow up to two (2) business day for this process. All orders placed after 3:00 PM(EST) will begin processing the following business day. 

For domestic orders, MARLI does not charge a shipping charge.  After the order is processed and merchandise is shipped by MARLI, packages are received within 2-3 business days.

For international orders, MARLI charges a flat rate fee of $40 for shipping.  After the order is processed and merchandise is shipped by MARLI, packages are received within 2-5 business days.

 

Returns and Refunds

MARLI will accept return of any merchandise, except earrings and any custom order merchandise, purchased online through the MARLI Website (“Return Merchandise”) for a full refund if such Return Merchandise is: (i) unworn and in its original condition, tags attached, (ii) accompanied by the original invoice and packing slip, and (iii) returned within fifteen (15) days from the date of receipt.   Return Merchandise may be returned using prepaid return shipping labels, which will be included with your shipment.  MARLI will not assume responsibility and shall not provide reimbursement or compensation for any Return Merchandise that is lost, stolen, mishandled, or damaged. Return Merchandise may not be returned to any other store, including any department store, or any other wholesale distributor. 

If Return Merchandise is returned due to such Return Merchandise being damaged or defective upon receipt, or if wrong merchandise was shipped to you in error by MARLI (“Damaged/Wrong Return Merchandise”), please follow the Returns policy for the return of such Damaged/Wrong Return Merchandise.   Refunds for Damaged/Wrong Return Merchandise shall include price of merchandise as well as all delivery charges and fees, if any.

All Return Merchandise must be returned to:

MARLI NEW YORK
RETURNS PROCESSING DEPARTMENT
214 West 39th Street, Suite 1105
New York, NY 10018

Refunds will be processed within ten (10) business days after Return Merchandise arrives to the MARLI warehouse.  Refunds will be provided in the original form of payment; this includes Visa, Mastercard, American Express, or Discover pre-paid gift cards.   Except for Damaged/Wrong Return Merchandise, Refunds will only be issued for the price of the Return Merchandise and shall not include shipping charges, if any, incurred at the time of purchase.  Any such shipping charges are non-refundable.

MARLI reserves the right to refuse Return Merchandise that, in MARLI’s sole discretion, does not satisfy the conditions for the return of Return Merchandise set forth in this Returns policy.  MARLI will issue a confirmation email once the Return Merchandise is accepted and a refund is processed.

 

Order Delivery

All orders will be delivered by FedEx and will require signature upon delivery.  Additional charges may accrue if more than one (1) delivery attempt is made. MARLI does not ship to Post Office Boxes. Deliveries will only occur on Monday thru Friday. Orders will not be shipped or delivered on National Holidays. If you are unable to sign for your package, the package will be returned to sender, and the merchandise will be treated as a Return Merchandise.  Please note, MARLI is not responsible for any FedEx delays.  For standard delivery times see MARLI’s Shipping and Handling policy.

 

Exchanges

If you wish to exchange merchandise purchased online through the MARLI Website, please return your original merchandise following MARLI’s Returns policy, and place a new order online or by calling +1 (646) 370-498. You will receive a refund for the Returned Merchandise as soon as it is processed.

We pride ourselves on the highest quality craftsmanship, luxury product and service at MARLI. So, if your product is damaged or has a fault, we want to know about it. Please contact our customer care team from 10am-10pm by telephone +1 (646) 370-4982 or email sales@marlinyc.com

 

Cancelling or Modifying Orders

Once an order has been accepted by MARLI, it cannot be cancelled or modified. To return merchandise, please follow our Returns policy, or refuse signature upon delivery.  If you refuse delivery, merchandise will be returned to MARLI and treated by MARLI as Return Merchandise.

 

Sales Tax – Domestic Orders

Sales tax will be charged according to law, for purchases shipped to the following states: Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, D.C. and Wisconsin. Individual rates will be reflected during the order checkout process prior to order submission.

 

Duty and Tax – International Orders

Duty, customs tariffs and VAT are set by the local government. The amount of applicable duty, tariffs and taxes will vary and will be determined upon MARLI’s acceptance and confirmation of your order.


CONTACT US
If you have any comments or questions regarding our Terms of Use or our privacy policy please call our customer service department at + 1 (646) 370-4982, or email us at info@marlinyc.com.

 

MISCELLANEOUS

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