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.
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.
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
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 firstname.lastname@example.org.
Information We Collect
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
Disclosing Information to Third Parties
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 email@example.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.
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.
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 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 firstname.lastname@example.org. 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.
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.
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 email@example.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.