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TERMS AND CONDITIONS OF SALE (www.marni.com)

 

The offer and sale of products bearing the "Marni" brands (the "Products" and separately each "Product"), by the company MARNI USA CORP, TAX ID No. 52-2347240 with registered office in New York (USA) at 220 West 19th St. 11th Floor (the "Seller" or "Marni"), on the website www.marni.com (the "Website") are regulated by these general terms and conditions of sale (the "General T&C"). These General T&C create a legally binding agreement between Seller and Purchaser (defined herein) regarding orders placed for Products on the Website.

Seller may revise these General T&C without prior notice by posting revised terms and conditions on the Website. The terms and conditions posted on www.marni.com at the time Purchaser places its order will govern that purchase. Purchaser is advised to read these terms carefully and check that the details of Purchaser’s order are complete and accurate before submitting Purchaser’s order. Seller’s Terms of Use are incorporated herein by this reference. Please refer to Seller’s Privacy Policy for information about how Seller collects, uses and discloses information about Purchaser.

The sale of these Products through the Website is carried out directly by Seller, according to the terms indicated below in these General T&C, in compliance with applicable United States laws that are in force. Any user of the Website can request any information from the customer service staff by contacting the Seller's customer service team directly through the contacts indicated in the “Customer Service” section of the Website. Each user purchasing Products on the Website may also obtain information on orders and shipments, refunds and the return of the Products. Users can directly contact the Seller by email at the following email address: clientservice@marni.com. For any other legal information, the user is advised to consult the sections of the Website corresponding to each specific request. 1.

1. SELLER'S COMMERCIAL POLICY


1.1 Seller offers the Products for sale on the Website and carries out its e-commerce activity exclusively in relation to users who purchase the Products through the Website and qualify as consumers ("Purchasers" and each of them a "Purchaser"). The website is intended solely for Seller to sell Marni Products direct to end consumers (“Consumer(s)”), and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a Marni Product by someone who resells, or intends to resell, the Marni Products to others (consumers, businesses or any third party). If Seller believes Purchaser is involved in purchase for resale, Seller reserves the right to take any action against Purchaser, including, without limitation, to restrict sales to Purchaser, cancel Purchaser’s orders, and/or suspend or close Purchaser’s account.

1.2 By placing an order, Purchaser agrees to be bound by the terms and conditions set out below. If Purchaser does not agree to be bound by these terms and conditions, you may not place an order.

1.3 Seller offers the Products for sale on the Website and carries out e-commerce activity exclusively towards users who have reached the age of 18 and who fall within the definition of Consumer in Article 1.1 above.

1.4 In consideration of its commercial policy, the Seller reserves the right not to process orders from persons who do not fall within the definition of Consumer and/or persons under 18 years of age and/or orders that do not comply with its commercial policy and/or are not in line with what is set out below.

1.5 These General T&C exclusively regulate the offer, forwarding and acceptance of purchase orders concerning Products purchased on the Website by Purchasers (the "Orders" and separately each an "Order") and therefore govern the relationship between each Purchaser and the Seller.

1.6 IMPORTANT NOTE: Purchaser’s attention is particularly drawn to Section 8 (CONDITIONS FOR THE EXERCISE OF THE RIGHT TO RETURN), Section 5 (PRICE AND PAYMENT), and Section 12 (DISCLAIMER AND LIMITATION OF LIABILITY). These provisions limit Seller’s liability to Purchaser and affect how disputes are resolved.

1.7 The General T&C do not regulate the supply of services or the sale of Products by third parties other than the Seller, which can be displayed on the Website through links, banners or other hypertext links. Purchasers are advised, before sending orders and purchasing Products and services of any type offered by said third parties, to carefully check the terms and conditions of sale of those Products and services, as the Seller hereby declares that it is not responsible for the supply of services and/or sale of Products by such third parties and/or, in general, for the conclusion of e-commerce transactions between the users of the Website and said third parties.

1. PURCHASER’S INFORMATION


2.1 Purchaser confirms that any personal data Purchaser provides when it registers an account with Seller or places an order is true, accurate, current and complete in all respects; and that Purchaser will notify Seller immediately of any changes to the personal data by updating these details on Purchaser’s online account. Seller will only use Purchaser’s personal information as set out in Seller’s Privacy Policy.

2.2 Purchaser agrees not to impersonate any other person or entity or to use a false name or a name that Purchaser is not authorized to use.

3. HOW TO ENTER INTO THE AGREEMENT WITH THE SELLER


3.1 Orders may only be placed by persons who have reached the age of 18 and who are not in a state of legal incapacity. In order to enter into an agreement with the Seller for the purchase of one or more Products on the Website ("Agreement"), the Purchaser shall fill in the order form in electronic format, which the Purchaser will see displayed immediately prior to the conclusion of the Agreement (the "Order Form"), and shall send it to the Seller, electronically, following the instructions that will be sent to the Purchaser during the various stages leading up to the conclusion of the Agreement.

3.2 Before proceeding with the purchase of the Products, by submitting the Order Form, the Purchaser will be asked to carefully read the General T&C and the provisions relating to the Purchaser's right to return, together with the relevant provisions of these General T&C in Article 8 “Conditions for the Exercise of the Right to Return” and in the relevant section of the Website. The Purchaser will also be provided with a summary of the commercial and contractual conditions offered by the Seller for the purchase of the Products, including a reference to the General T&C together with a summary of the following information: essential features of each Product - subject to the Orders - with an indication of its price (inclusive of all applicable taxes and duties); means of payment that the Purchaser may use to purchase the Products; methods of delivery of the Products; methods of dealing with and the processing of claims by the Seller; shipping and delivery costs of the Products; references, geographical location and email address of the Seller; and estimated date of shipment of the Products. Furthermore, the Seller will provide the Purchaser with a summary of the conditions and procedures for exercising the right to return and the procedures and times for returning the purchased Products (which will be provided by the Seller in the package in which the Products subject to the Order will be delivered). In any case, the Purchaser is hereby reminded of the existence of the legal guarantee of conformity of the Products and will be provided with the contact details of the Seller's after-sales service.

3.3 The Order Form will provide summary information about the essential features of each Product purchased, the relevant price (including all applicable taxes or duties) and the shipping costs (including any additional costs that the Purchaser is required to pay for having opted for a specific type of shipping and delivery different and/or faster than that defined as ‘standard’ by the Seller). The Agreement shall be deemed binding upon receipt by the Seller, by electronic means, of the Order Form and only after the Seller has verified the correctness of all the data contained therein, relating to the Order placed by the Purchaser.

3.4 Once received by the Seller, the Order Form will be filed in the Seller's database for the time required to process the Orders and, in any case, always in compliance with applicable laws. The Purchaser can access the Order Form by consulting the ‘your order’ section on the Website.

3.5 When submitting the Order Form, the Purchaser will be informed that the submission implies the obligation to pay the price indicated. Before submitting the Order Form, the Purchaser will be asked to identify and correct any error concerning its own data.

3.6 The language in which the Agreement is concluded is English. In the event of any conflict between versions of the General T&C provided in a language other than English and accepted by the Purchaser, the meaning and interpretation of the General T&C in English shall prevail.

3.7 Upon conclusion of the Agreement, the Seller shall take charge of the Order to process it.

3.8 When completing the Order Form, the Purchaser will have the opportunity to opt for the "Collection in Boutique" service. Therefore, if the Product is available at a Retail Store (as defined below in Article 6.2 of these General T&C) on the date the Order Form is filled in, the Purchaser may collect it directly from that Retail Store. Collection may take place as soon as the Purchaser has received notification by email that the Product is ready for collection, without prejudice to the provisions of Section 6 of these General T&C.

3.9 The Seller may not process Orders:
• (i) in the event that the Products are not available; or
• (ii) if there is a report, or suspicion, of fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes;
• (iii) Seller was unable to authorized Purchaser’s payment or Purchaser’s billing information is not verifiable; or
• (iv) if the Customer fails to fulfil its obligations under a previous agreement with the Seller.
In those cases, the Seller shall inform the Purchaser, by email and in any event within thirty (30) calendar days from the day after the date of submission of the Order, that the Agreement is not concluded and that the Seller cannot proceed with the Order. In those cases, if the Purchaser has already submitted the Order Form and paid the relevant price, the Seller shall refund the Purchaser the amounts paid by the Purchaser and the Agreement shall be considered terminated. The Seller shall not be obliged to refund any other amount, for any reason whatsoever, to the Purchaser.

3.10 By submitting the Order Form electronically, the Purchaser unconditionally accepts and undertakes to comply with the provisions of these General T&C in its relations with the Seller. If the Purchaser does not agree with any of the terms contained in the General T&C, it is invited to refrain from submitting the Order Form.

3.11 By submitting the Order Form, the Purchaser declares to know and accept the General T&C and further terms and conditions/information, of whatever nature, contained on the Website, even if they are referred to via links, including but not limited to the Terms of Use, the Privacy Policy and the information on the right to return.

3.12 Once the Agreement is concluded, the Seller will send to the Purchaser, by email, a receipt of the Order, containing the General T&C and the summary document on the right to return and, therefore, all the information already included in the summary of the commercial and contractual conditions that the Purchaser will have viewed before purchasing the Products.

4. PRODUCT DESCRIPTION AND PRICES


4.1 Only original Products are offered for sale on the Website.

4.2 The essential features of the Products are presented on the Website within each ‘product sheet’. The images of the Products on the Website are for illustrative purposes only. Purchaser’s product and its packaging may vary slightly from its advertised images on the website, as a result of your device’s display of color. The Seller hereby expressly excludes all responsibility in that regard.

4.3 The prices of the Products may be subject to updates. It will be the Purchaser's responsibility to check the final sale price of the Product it intends to purchase before completing and submitting the Order Form.

4.4 Purchaser requests from countries not included among those displayed in the “select your country” section cannot be accepted by the Seller.

4.5 In the event of the Purchaser exercising the right to return, the Seller has the right not to accept the return of the Products or not to reimburse the amount paid by the Purchaser for the purchase of those Products which, upon return, do not have their tags and/or have been altered in their essential and/or qualitative features and/or have been damaged in any way.

5. PRICE AND PAYMENT


5.1 Product prices shown on the website are in U.S. Dollars and are valid and effective only in the United States. Product prices shown on the website may change from time to time. Such prices do not include shipping and handling costs and do not include sales taxes where applicable. Purchaser is responsible for any state and local sales or use taxes that may apply to Purchaser’s order, which will be added to Purchaser’s total invoice price during the checkout process.

5.2 If Purchaser chooses to pay using a payment card with a currency denominated account that is different from the currency of Purchaser’s order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond Seller’s control.

5.3 Local import duties and additional charge may be payable by Purchaser on receipt depending on the location of delivery. Purchaser is responsible for any import duties and clearance fees (where applicable) in Purchaser’s country and to check the duties and clearance fees with Purchaser’s local authorities.

5.4 For payment of the price of the Products and the relevant shipping and delivery costs, the Purchaser may choose one of the methods indicated in the Order Form. In no instance shall the Purchaser be charged for any costs not indicated, prior to finalisation of the Agreement, in the Order Form.

The payment methods offered on Marni’s website are: • 1) Credit card
• 2) Debit cards
• 3) Paypal and Paypal Express
• 4) Klarna


Credit card payment, including recurring charges, are handled through third party payment processors. These third party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy.

5.5 In case of payment by credit card, the financial information (e.g., the number of the credit/debit card or the expiry date) will be forwarded, by means of encrypted protocol, to third parties that provide the relevant remote electronic payment services, without third parties having any unauthorised access whatsoever thereto. Moreover, this information will never be used by the Seller other than to complete the procedures relating to the correct processing of the Order and to issue the relevant refunds in the event of any returns of Products, as a result of the exercise of the right of withdrawal by the Purchaser, or if necessary to prevent or report to the police fraudulent activity on the Website. In any case, all personal data provided by the Purchaser will be processed by the Seller in compliance with the applicable legislation, as provided for in the ‘Privacy Policy’ section of the Website.

5.6 The price for the purchase of the Products and the shipping costs, as indicated in the Order Form, will be charged to the payment method used by the Purchaser at the time of purchase or at the time of collection from the store.

5.7 Purchaser represents and warrant that (i) the credit card information Purchaser supplies is true, correct and complete, (ii) Purchaser is duly authorized to use such credit card for the purchase, (iii) charges incurred by Purchaser will be honored by Purchaser’s credit card company, and (iv) Purchaser will pay charges incurred by Purchaser at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of Purchaser’s order.

6. SHIPMENT AND DELIVERY OF PRODUCTS


6.1 The shipping costs for the delivery of the purchased Products shall be borne entirely by the Purchaser, unless the Seller has implemented, at its discretion, a promotion on a date prior to the submission of the Order Form, duly communicated through the Website.

6.2 The Purchaser, at its discretion, may decide to receive the Products purchased at an address of its choice or to pick up the Products purchased at a single-brand "MARNI" store in the country of purchase, provided that such store is managed directly by Marni ("Retail Store") and chosen from those indicated on the Website (the so-called "Boutique Pick-up" service). If the Purchaser opts for the store delivery method, he will be informed of the arrival of the Products at the chosen Retail Store by email. In the event that the Purchaser has opted for the Boutique Pick-up service, it will be able to collect the Products starting from the day on which it received confirmation by email from the Seller that the Product is ready for pick-up therefore, potentially also the day on which the Purchaser made the purchase, and in any event up to seven (7) calendar days thereafter, including the day on which the purchase was successfully completed. When the Purchaser goes to the Retail Store to collect the Products purchased, the Purchaser shall show the sales assistant (i) a copy of the order confirmation email, (ii) as well as an identity document valid on the date of collection. In the absence of the documents referred to in points i) and ii) above, the sales assistant shall not be able to proceed with the delivery of the Products. In both of the above cases, customer service will make every effort to contact the Purchaser and find a collection date suitable to the Purchaser. However, if the Products ordered are not collected within seven (7) calendar days, the Agreement shall be considered automatically terminated. Consequently, it will no longer be possible to collect the Products, which will be returned to the Seller by the personnel of the chosen Retail Store. As a result of the termination of the Agreement, the Purchaser will be reimbursed for the amount paid, at the times and in the manner indicated by the Seller.

6.3 If the Purchaser delegates another person to collect the Products at the Retail Store, that person shall submit, in addition to the order confirmation email, a photocopy of the Purchaser's identity document together with the proxy (download the proxy form here) and its own identity document. If the Purchaser chooses the Boutique Pick-up method, the times and delivery will be the same as those envisaged for deliveries to the address indicated by the Purchaser, unless the purchased Product is already available at the Retail Store on the date the Order Form is submitted. In order to know the specific methods of shipment and delivery of the Products at the address indicated by the Purchaser or at the selected Retail Store, the Purchaser shall access the “Customer Service” section of the Website. Attention should be paid to what is incuded in that section because the information contained therein is an integral and substantial part of these General T&C and, therefore, shall be deemed to be fully known and accepted by the Purchaser at the time of transmission of the Order Form.

7. CUSTOMER CARE


7.1 The Purchaser may request any information through the assistance services activated by the Seller. For further clarification, we recommend accessing the “Customer Service” section of the Website.

7.2 The Purchaser may, at its discretion, contact the Seller's customer service by phone - or other means of contact, if indicated by the Seller - and ask the operator to place the Order on behalf of the Purchaser. In this case, the Purchaser will be informed by email that the purchase has been successfully completed and that the Order will be processed. It will be the Purchaser's responsibility, if it does not receive the aforementioned confirmation email, to report the issue to the Seller’s customer service and make a further request for the email to be sent. The Seller cannot, in any case, be held responsible in the event that the confirmation email is not received at the email address indicated by the Purchaser (for any reason whatsoever) or, in general, in the event that the Purchaser does not promptly inform the Seller of the non-receipt of the confirmation email. For all matters not further specified in this Article 7.2, the provisions set out in these General T&C and, in general, on the Website, apply to the management of the Order, as well as to its subsequent phases.

8. CONDITIONS FOR THE EXERCISE OF THE RIGHT TO RETURN (Right to Return)


8.1 RIGHT TO RETURN
The Purchaser is entitled to return the Product – at his/her discretion and for whatever reason - within 15 days of receipt of the Product or collection from the shop. The right to return (the "Right to Return") shall be deemed to have been properly exercised if the following conditions are fully met:
• a. except in the case of return by delivery of the Products to a Retail Store, the Return Form (see here) - or other express statement of the Purchaser's decision to withdraw from the Agreement - must be correctly completed and sent to the Seller at the registered office indicated on page 1 of these General T&C within 15 calendar days of receipt of the Products or, if at the time of purchase the Purchaser requested delivery to a Retail Store, from the date of collection of the Products subject to Order from that Retail Store;
• b. the Products must not have been used, worn, washed or damaged in any way;
• c. the identification tag must still be attached to the Products, as affixed;
• d. the ecom seal must not have been removed from the item [see photo];
• e. the Products must be returned in their undamaged original packaging;
• f. the returned Products must be delivered to the shipper within 14 calendar days from the time that the Purchaser notifies the Seller of its decision to return the Products. If the Purchaser chooses to return the Products by going directly to one of the Marni Retail Stores indicated on the Website and based in the country where the Products were delivered, the Purchaser must follow the instructions indicated in Article 8.4 below without filling in any withdrawal form.

8.2 RETURN BY PREPAID RETURN LABEL
Without prejudice to the exceptions allowed by the Seller, if all the conditions required to proceed with the Right to Return are met, the Seller will refund the Purchaser the full price of the returned Products. If the Purchaser decides, in order to make the return, to use the prepaid return label included in the package of the shipper indicated by the Seller for the shipment of the Products purchased, without filling in any online return form and without specifying any reason for the Right to Return, the Purchaser will not have to pay the return costs, as the relative costs will be borne by the Seller, that will pay for the service provided by the shipper. It is understood that, if the Purchaser decides to use a shipper other than the one indicated by the Seller, the Purchaser shall pay itself the full costs of the return. It is understood that the Purchaser will be contacted by the Seller’s customer service team if the Right to Return cannot be accepted because of non-compliance with the conditions set out in the previous paragraph. In this case, the Products will be returned and the costs will be borne by the Purchaser. If the Purchaser refuses this delivery, the Seller reserves the right to retain the Products and the amount corresponding to the purchase price, as well as the amount relating to the shipping costs.

8.3 RETURN BY FILLING IN THE ONLINE FORM
The Purchaser can choose to fill in the Right to Return request for the Product(s) purchased directly on the Website in the “My Account” or "Returns and Exchanges" section, stating the reason for the Right to Return. Upon completion of this procedure, the Purchaser will receive a confirmation email with a new prepaid return label which can be used to ship the Product(s) to be returned, replacing the one in the original shipping package. If the Purchaser decides to use one of these prepaid labels to make the return, it will not have to pay the return costs, as the relative costs will be borne by the Seller, that will pay for the service provided by the shipper. It is understood that if the Purchaser decides to use a shipper other than the one indicated by the Seller, the Purchaser itself must pay the full cost of the return. It is understood that the Purchaser will be contacted by the Seller’s customer service team if the Right to Return cannot be accepted because of non-compliance with the conditions set out in the previous paragraph. In this case, the Products will be returned and the shipping costs will be borne by the Purchaser. In the event that the Purchaser refuses this delivery, the Seller reserves the right to retain the Products and the amount corresponding to the purchase price, as well as the amount relating to the shipping costs.

8.4 RETURN TO THE RETAIL STORE
If the Purchaser decides to return the Products to one of Marni’s Retail Store indicated on the Website and based in the country where the Products have been delivered, the Purchaser will not bear any costs. The Purchaser shall deliver the returned Product(s), in the original packaging in which it was delivered, to the sales assistant at the chosen Retail Store and provide at the Retail Store the order number reference in the order confirmation email (that will allow to verify that the order was purchased on the official www.Marni.com website) within fourteen (14) calendar days from receipt of the Products. The Seller authorizes the sales assistant of the Retail Store where the Purchaser is making the return to check the Products returned by the Purchaser, in order to verify that all the conditions for exercising the right of withdrawal referred to in the Section 8.1 (except letter (a) and letter (f)) above are met. If the Purchaser decides to initiate the return procedure envisaged in this paragraph, it must be physically present at the Retail Store for the time necessary for the sales assistant to check the Products. If these conditions are found to be met, the sales assistant will make an immediate return to the Purchaser. Upon acceptance of the Right to Return, the Purchaser will receive a confirmation email, unless it is impossible to proceed for reasons beyond the control of the Seller and/or the sales assistant (such as, but not limited to force majeure, malfunctioning - even temporary - of hardware or software equipment). The refund will be made by the Seller according to the payment method used by the Purchaser to purchase the returned Products. If the return request is not accepted, the Products will be returned to the Purchaser immediately. If the Right to Return is unsuccessful because the conditions indicated in Section 8.1 above are not met and the Purchaser refuses to have the Product returned, the Seller reserves the right to retain the Product and the amount corresponding to the purchase price.

8.5 RETURN BY CUSTOMER SERVICE
The Purchaser can always use the assistance of the Seller’s customer service team to return the Product. At the Purchaser's request, the Seller’s customer service team will enter a return request directly into the system, indicating the Product(s) to be returned. Upon completion of this procedure, the Purchaser will receive a confirmation email with a new prepaid return label which can be used to ship the Product(s) to be returned, replacing the one in the original shipping package. The Product will then be returned directly to the Seller's warehouse. Without prejudice to the exceptions allowed by the Seller, if all the conditions required to proceed with the return under Section 8.1 above are met, the Seller will fully refund the Purchaser the price of the returned Products. It is understood that the Purchaser will not bear any shipping costs for the returned Product only if it uses the shipper and the related return labels provided by the Seller. It is understood that if the Purchaser decides to use a shipper other than the one indicated by the Seller, the Purchaser will bear the costs of shipping the returned Product. If the Right to Return is unsuccessful because the conditions provided in Section 8.1 above are not met and the Purchaser refuses to have the Product returned, the Seller reserves the right to retain the Product and the amount corresponding to the purchase price.

9. TIMING AND MODALITIES OF REIMBURSEMENT


Once the Seller has received the Right to Return and has verified all the requirements provided in Article 8.1 above, the Purchaser will receive an email confirming the acceptance of the return. Regardless of the method of payment used by the Purchaser, the refund will be activated by the Seller as soon as possible and, in any case, within fourteen (14) calendar days from the date on which the Seller has become aware of the Purchaser's Right to Return, once verified that the withdrawal took place in compliance with the conditions set out in these General T&C.
The actual timing for the reimbursement of the amounts due or, in any case, for the refund of the amounts paid by the Purchaser for the purchase of the Products, depends on the payment methods used.
It is understood that if the Right to Return is made at one of the Retail Stores indicated on the Website and based in the country where the Products were delivered, pursuant to Section 8.4, the refund will be authorized immediately through the payment method used for the purchase.

10. SHIPPER


The Products subject to return can be shipped by the Purchaser without bearing any costs through the courier indicated by the Seller, using the pre-printed label inside the Products' delivery package or the one sent to the Purchaser's email address if the request for withdrawal was handled by the Seller’s customer service team or through the Online Form. The Purchaser may contact the relevant shipper to arrange the collection of the Products. If the Purchaser decides to use a shipper other than the one indicated by the Seller for the return of the Products, it will have to bear the shipping costs of the Products, as well as the risk of loss and/or damage of the Products during transport.

11. DEFECTIVE PRODUCTS - WARRANTY


In the event that the Products sold by Seller have manufacturing or any other alleged conformity defects, the Purchaser should contact the online assistance, by email or by mail, at the following address: clientservice@marni.com.
The Purchaser is entitled to have the Product fully restored to conformity by repair or replacement, at its option, at no cost to the Purchaser. In the event that one of these remedies is objectively impossible or excessively onerous compared to the other, the Purchaser may obtain an appropriate reduction in the price of the Products or, alternatively, a Right to Return. In order to exercise the Right to Return the Purchaser has to contact Marni’s Client Service at [AGGIUNGERE NUMERO TFOUR] The Purchaser loses these rights if it does not report the alleged lack of conformity to Seller within 24 months from the date of delivery Product.
In the event that the Purchaser requests the repair or replacement of the Products due to an alleged lack of conformity, the delivery costs for returning the repaired or replaced Products to Seller, as well as all the costs for returning the repaired or replaced Products to the Purchaser, remain with Seller.

12. DISCLAIMER AND LIMITATION OF LIABILITY


12.1 ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO PURCHASER.

12.2 THE WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN ‘AS IS’ BASIS AND SUBJECT TO AVAILABILITY. SELLER PROVIDES NO WARRANTIES WITH RESPECT TO THE WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF CONTINUITY AND OF ABSENCE OF DISRUPTIONS OR FUNCTIONING ERRORS, OF PROTECTION AGAINST HARMFUL PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE ETC.) AND OF ADEQUACY FOR A PARTICULAR PURPOSE, AND SELLER EXPRESSILY EXCLUDES ANY OF THE SAID WARRANTIES. AS THE SERVICES ARE OFFERED FREE OF CHARGE, SELLER IS COMMITTED TO ENSURE THAT INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, SELLER CAN IN NO CASE GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE OF ERRORS OR OMISSIONS, AND SELLER EXPRESSILY EXCLUDES ANY WARRANTY OR LIABILITY TO THAT EFFECT.

12.3 IN NO EVENT SHALL SELLER BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

12.4 SELLER’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY PURCHASER FOR THE PRODUCTS PURCHASER HAS ORDERED THROUGH THE WEBSITE.

12.5 The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

13. APPLICABLE LAW AND SETTLEMENT OF DISPUTES


These General T&C, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with United States law in the State of which the Purchaser has his/her residence.

14. MODIFICATION AND UPDATING


The General T&C are accepted by the Purchaser in the version published at the time the purchase is made, also with reference to the warranties included therein. The Seller reserves, in any case, the right to modify the General T&C from time to time. Modifications to the General T&C will not apply to orders placed prior to the modification.

15. NOTICES


15.1 Seller may provide any notice to Purchaser under these General T&C by: (i) sending a message to the email address Purchaser provides or (ii) by posting to the Website. Notices sent by email will be effective when Seller sends the email and notices we provide by posting to the Website will be effective upon posting. It is Purchaser’s responsibility to keep your email address current.

15.2 Other than as specifically provided in these General T&C, to give Seller notice under these General T&C, Purchaser must contact Seller as follows: by personal delivery, overnight courier, or registered or certified mail to MARNI USA CORP, TAX ID No. 52-2347240 with registered office in New York (USA) at 220 West 19th St. 11th Floor. Seller may update the address for notices by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

16. THIRD PARTIES


Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17. SEVERABILITY


If any part of the General T&C shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.

18. WAIVER


No waiver by Seller shall be construed as a waiver of any proceeding or succeeding breach of any provision.

19. ENTIRE AGREEMENT


These General T&C (including any incorporated terms or policies) constitute the entire agreement between Purchaser and Seller with respect to Purchaser’s transaction for the purchase of Products.