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 privacy policy

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 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