Terms & Conditions
Last Updated December 12, 2016
CONDITIONS OF USE
Welcome to marisoldeluna.com. Marisol Deluna New York, LLC ("MDNY") offers products for sale when you shop at marisoldeluna.com (the “MDNY Website”). Your visit to the MDNY Website and any purchases made through the MDNY Website are subject to the following conditions. By using the MDNY Website, you agree to these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice.
ELECTRONIC COMMUNICATIONS
When you use the MDNY Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this website, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through the MDNY Website, such as text, graphics, logos and images, is the property of MDNY or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the MDNY Website is the exclusive property of MDNY and protected by U.S. and international copyright laws.
TRADEMARKS
“Marisol Deluna” and associated graphics and logos are registered and unregistered trademarks of Deluna By Design, Inc. and are used by MDNY under license from Deluna By Design, Inc. In addition, other graphic and logos used on the MDNY Website are trademarks or trade dress of MDNY in the United States of America and other countries. The trademarks and trade dress of Deluna By Design, Inc. or of MDNY may not be used in connection with any product or service that is not Deluna By Design, Inc.’s or MDNY’s, as the case may be, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Marisol Deluna, Deluna By Design, Inc. or MDNY.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, MDNY grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MDNY Website. This license does not include any resale or commercial use of the MDNY Website, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the MDNY Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by MDNY. No part of the MDNY Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MDNY. You may not misuse the MDNY Website. You may use the MDNY Website only as permitted by law. The licenses granted by MDNY terminate if you do not comply with these Conditions of Use.
CHILDREN
We do not direct the MDNY Website to, nor do we knowingly collect any personal information from, children under the age of 13. MDNY sells clothing for children, but it sells this clothing to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the MDNY Website only with involvement of a parent or guardian. MDNY reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
RISK OF LOSS
All items purchased from MDNY through the MDNY Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
MDNY attempts to be as accurate as possible. However, MDNY does not warrant that product descriptions or other content of the MDNY Website is accurate, complete, reliable, current, or error-free. If a product offered by MDNY itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MDNY WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MDNY WEBSITE ARE PROVIDED BY MDNY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MDNY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MDNY WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MDNY WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MDNY WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MDNY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MDNY DOES NOT WARRANT THAT THE MDNY WEBSITE, INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MDNY WEBSITE OR ELECTRONIC COMMUNICATIONS SENT FROM MDNY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MDNY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MDNY WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALSOR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MDNY WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By using the MDNY Website, you agree that applicable federal law and the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MDNY.
MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our website, policies, these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.