TERMS AND CONDITIONS
Tony Marc, Inc.
Last Updated: March 2020
Tony Marc, Inc. (together with its wholly owned affiliates and subsidiaries, ‘Tony Marc’, ‘we,’ or ‘us’) created the following Terms and Conditions (the ‘Agreement’) pertaining to the use of the Tony Marc website located at www.tonymarc.com (together with any successor site(s) and all software, apps, tools and associated content published, distributed or otherwise made available through these websites, the ‘Site’).
- ACCEPTANCE OF TERMS
By using this Site, you represent that you are eighteen (18) years or older, or otherwise have legal capacity to legally agree to the terms and conditions included in this Agreement, and you accept and agree to be bound by, and consent to this Agreement. If you do not agree to the Agreement, you should not access or use the Site. Tony Marc reserves the right to make changes to the Site and to the Agreement from time to time. When we make changes, we notify you by referring to the ‘Last Updated’ legend at the top of the page.
- INTELLECTUAL PROPERTY
Tony Marc retains all rights regarding its trademarks, trade names, brand names and logos, whether registered or unregistered, and all associated drawings, designs, illustrations, artwork, photographs, videos, soundtracks, or written text (collectively, ‘Materials’). These materials are the exclusive property of Tony Marc and are protected by U.S. and international laws and treaties. Any reproduction, publication, distribution, transmission, modification, creation of derivative works, or other use of these Materials (in whole or in part) for any purpose, without prior written permission, is prohibited, except as expressly provided herein. This Site may also contain references to other Materials from entities other than Tony Marc. These Materials are the property of the respective owners and references to them do not suggest sponsorship or association with Tony Marc. Tony Marc will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Tony Marc through this Site or by other means (“Submissions”) are neither confidential nor proprietary to you and may be used by Tony Marc without restriction or compensation. By making a Submission to Tony Marc, you grant to Tony Marc under all right, title and interest, including copyrights, in the Submission a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such Submissions. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. You are and will remain solely responsible for the content of any Submission you make to Tony Marc.
- RULES OF CONDUCT AND USE RESTRICTIONS
While using the Site, we expect users to respect the rights and dignity of others. You agree that you will not post, transmit, or otherwise make available, through or in connection with the Site (including when incorporating a link to or portion of this Site in social media or other communications) anything that is or may be (1) threatening, harassing, degrading or hateful; (2) defamatory; (3) fraudulent or tortious; (4) obscene, indecent or otherwise objectionable; or (5) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of the applicable right. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site by hacking, password “mining” or any other illegitimate means. In addition, you may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site. You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the Site, or any other customer of Tony Marc, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not use the Site for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tony Marc or others. In addition, you may not use any automatic device, program, or methodology, (including, without limitation, “page-scrape,” “robot,” or “spider”) or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, without Tony Marc’s express prior, written consent. Any failure to comply may also result in termination of your access to the Site.
- LINK TO THIRD PARTY SITES
The Tony Marc Site may contain links to one or more third party websites or online resources (collectively, “Third Party Sites) that are not under the operation or control of Tony Marc. These links are provided for convenience only. Tony Marc does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Site is at your own risk and Tony Marc will have no liability arising out of or related to such Third Party Sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site. In addition, Tony Marc does not endorse any Third Party Sites that may provide links to the Site with or without authorization from Tony Marc. Any questions or concerns about Third Party Sites should be directed to the owners or operators of such Third Party Sites.
- CONDITIONS OF SALE
- Online Account: In order to make a purchase through the site, you will need to provide name, shipping address, billing address, telephone number, email address, credit card number or other payment account. However, you can purchase an item online at the Site without creating an account. If you do create an account, you will need to register with a valid email address. With an online account you will be able to save your contact, shipping, billing, and payment information. In addition, you will be able to receive email promotions and special offers, track your orders and review order history, add items to your wish list, and preview new apparel and accessories collections. You are entirely responsible for maintaining the confidentiality of the information for your online account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Tony Marc immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Tony Marc or any other user of or visitor to the Site due to someone else using your account, as a result of your failing to keep your account information secure and confidential.
- Products: Tony Marc makes available products and/or services for purchase through the Site and may use third party suppliers to enable e-commerce functionality on the Site and to provide other e-commerce related products and/or services. All descriptions, images, references, features, content, specifications, products and prices of products and/or services described or depicted on this Site are subject to change at any time without notice. Details regarding the specific size and fit of applicable items can be found within the description and ordering details of each item on the Site. All reasonable efforts are made to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer equipment, and Tony Marc cannot guarantee that your computer will accurately display the applicable colors.
- Availability: All products and/or services displayed on the Site are subject to availability. The inclusion of any products and/or services on this Site at a particular time does not imply or warrant that these products and/or services will be available at any time. Tony Marc reserves the right to change the items listed on the Site at any time and without notice. Tony Marc will attempt to provide accurate information about the availability of products at the time of ordering, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available without a material delay after you place your order, you will be informed by email, and you will be allowed to wait until the product is available, or to cancel your order. If you choose to cancel your order, any amounts already charged will be refunded. Tony Marc will not be liable if products are not in stock or otherwise not available.
- Pricing: The listed prices for all Tony Marc products on the Site are in United States dollars and exclude taxes and shipping costs. Tony Marc reserves the right to modify the prices of products offered on the Site at any time without prior notice. You will be charged the prices displayed on the Site at the time your order was confirmed provided the products ordered were available at this time, however, Tony Marc reserves the right not to accept or to cancel your order, in our sole discretion, for any reason without liability, including if the products are not available, are incorrectly priced, or are otherwise incorrectly described.
- Sales Tax: State, local, and county sales tax may be charged for online transactions based on shipping address and as required by applicable laws.
- Payment: Tony Marc products and/or services are currently only available for purchase online exclusively at this Site. A credit or debit card or other payment account will need to be provided to complete your purchases on the Site. You represent and warrant that you have the legal right to use any credit card(s) or other payment account in connection with any transaction. Tony Marc securely accepts American Express, Visa, Mastercard, and Discover credit and debit cards. In addition, you can use PayPal and Tony Marc electronic gift cards. We offer Tony Marc electronic gift cards from fifteen (15) dollars in value and higher. You can order gift cards online and have them sent digitally to your or the recipient’s email. Tony Marc does not accept checks, cash on delivery, layaway plans, or money orders. By submitting your payment information, you grant Tony Marc the right to provide this information to third parties for purposes of facilitating the completion of the purchases initiated by you or on your behalf. Verification of payment information will be required prior to the acknowledgement or completion of any purchase.
- Order Status: With an online account you can login to the Site and check the status of an order in your order history. Otherwise, you can email Tony Marc at the email address listed in the Contact Us section of this Agreement with your order number and details. Orders are processed when received therefore, Tony Marc cannot guarantee that changes or cancellations can be made once your order has been submitted. If you need to make any changes or cancel an order, email Tony Marc at the email address listed in the Contact Us section of this Agreement with your order number and details. Due to the production requirements for customized items, changes or cancellations cannot be made to any personalized items. Tony Marc reserves the right to cancel any order placed by a customer in its sole discretion and without liability, including, without limitation, an order from a customer with whom we have a dispute concerning a prior order, or if Tony Marc has reasonable cause to suspect that such customer has violated these conditions of sale, is engaged in any fraudulent activity, or for any other reason.
- Returns and Exchanges: To request a return or an exchange of an item, you can contact Tony Marc at the email address listed in the Contact Us section of this Agreement with your order number and list of items being returned and/or exchanged. If you have an online account, login to your account to locate the order number and details in your order history. You may return and/or exchange any non-final sale items ordered on the Site for refund within thirty (30) days from your item’s ship date. Items being returned and/or exchanged are required to be in original condition, unworn, unused, unwashed, unaltered, and with original labels and tags. Tony Marc will provide pre-paid return labels for orders shipped within the United Sates. You will be responsible for paying the shipment charges for the replacement items. It may take up to seven (7) to ten (10) business days for Tony Marc to receive and process your return and/or exchange. All returned items are subject to inspection upon arrival. Once processed, your replacement items will ship for standard delivery unless expedited delivery is requested. Any returns for refunds will not include original shipping charges refunded. If you receive an item that was damaged upon arrival, email Tony Marc at the email address listed in the Contact US section of this Agreement and provide the order number and a photo of the item’s condition in your email.
- Pre-Order: Tony Marc may elect, from time to time, to preview new designs or offer new products (collectively ‘Pre-Order Program’) on the Site, exclusively for customers to pre-order. You will need to create an online account to participate in the Tony Marc Pre-Order Program. Pre-Order Program items selected will be placed on hold in your online account and you will be notified by email when the item is available for processing, payment, and shipment. Most Pre-Order Program items will be available for shipment within fourteen (14) to twenty-eight (28) days after they first appear on the Site. Changes or cancellations to items in the Pre-Order Program can be made any time prior to the estimated shipping date associated with the items.
- Shipping: The products you purchase on the Site will be shipped to the postal address that you designate, once it is verified, based on the selected delivery service, as a compliant address to receive shipments. Shipping and handling costs are based on the selected shipping method, the items purchased, and the location to which the items will be delivered. Expedited shipping options will be made available. Additional delivery time should be expected for orders shipping outside of the United States. A shipping confirmation email with a tracking number will be sent, once your items ship, to the email address associated with the order. Items may be gift wrapped in our signature Tony Marc boxes and packaging. Gift wrapping costs varies based on package size and contents. Note that shipping carriers may take up to forty-eight (48) hours for their tracking system to reflect the status. Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for packages damaged in transport and/or lost shipments. There may be supplemental terms applicable for special or international shipments, including shipments facilitated by third party services. A signature of an adult aged eighteen (18) years or older may be required for delivery. Customer assumes all responsibility once a signature is obtained at the designated delivery postal address.
- Resale: Products and/or services made available for purchase through the Site are for personal use and not for resale. Any resale or distribution of Tony Marc products purchased on the Site is strictly prohibited. To ensure product availability you may not order on the Site more than twelve (12) items of the same SKU number within a period of thirty (30) calendar days. Additional restrictions may apply to certain products or classes of products.
- Security: Tony Marc uses Secure Socket Layer (SSL), the industry standard for encryption protocol, to help protect your order and personal information from unauthorized use. In addition, we take reasonable steps to ensure that any third-party business partners to whom we transfer any data will provide protection of that information.
- Communications: Tony Marc may use the information you provide (e.g., the email address, postal address) to inform you of current and new products, programs, services, and special offers (collectively ‘Marketing Messages’) that we believe may be of interest to you. If you would prefer that we do not send these Marketing Messages to you, you can follow the instructions contained in the Marketing Messages you receive from us describing how you can opt-out of receiving further Marketing Messages.
- DISCLAIMER OF WARRANTY
Access to the Site and any goods or services made available through the Site are provided to you “AS IS” and “AS AVAILABLE” without warranties of any kind, whether expressed, implied, or statutory, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Without limiting the generality of the foregoing, Tony Marc does not represent, warrant, or guarantee that (1) the Site is free from viruses, worms, trojan horses or other destructive material or malicious code; (2) the information contained on the Site is accurate, complete or up to date; or (3) the Site is free of defects or that any inaccuracies or defects will be corrected. By using the Site, you agree that your use of the Site is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Site, and that Tony Marc will not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the Site. Your sole remedy against Tony Marc for dissatisfaction with the Site is to stop using the Site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
- LIMITATION OF LIABILITY
Tony Marc will not be liable to you or any party for any DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION any actual, direct, indirect, incidental, special, punitive, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the Site, even if Tony Marc has been advised of the possibility of such damages. You agree to defend, indemnify and hold harmless Tony Marc, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of the Site. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
- LEGAL DISPUTES AND RESOLUTION
Tony Marc controls and operates this Site from its offices in the United States, within the State of Maryland. Tony Marc does not represent or warrant that the Site or any part thereof is appropriate or available for use outside of the United States. If you access this Site from outside of the United States, you do so on your own initiative and at your own risk, and are responsible for compliance with all local laws, rules and regulations. By visiting and using the Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of technical data exported from the United States. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding your use of the Site. Tony Marc will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which will be a precondition to either party initiating a lawsuit or arbitration. You agree that federal laws and the laws of the State of Maryland, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Tony Marc.
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Tony Marc. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without express prior written consent from Tony Marc. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Tony Marc relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Tony Marc relating to the subject matter herein. Notices to you may be made via posting to the Site, by email, or by regular mail, in Tony Marc’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying applicable notices or by providing links to applicable notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Tony Marc will not be responsible for failures to fulfill any obligations under this Agreement due to unforeseeable events beyond its control.
This Agreement is effective until terminated. Tony Marc, in its sole discretion, and without prior notice, reserves the right to terminate your access to or use of the Site, at any time and for any reason, including if Tony Marc believes (1) that you have violated or acted inconsistently with the letter or spirit of this Agreement, (2) requests by law enforcement or other government agencies, (3) a request by you (self-initiated account deletions), (4) discontinuance or material modification of the Site or any service offered on or through the Site, or (5) unexpected technical issues or problems. However, Tony Marc will fulfill or refund any orders you place through the Site prior to the date of termination. You agree that Tony Marc will not otherwise be liable to you or any third party for any termination of your access to the Site or to any applicable information or files, and will not be required to make applicable information or files available to you after any termination.
- CONTACT US
At Tony Marc we have instituted online customer service only through email. Our customer service team members work remotely and will remain diligent in helping you, in a timely manner, throughout your shopping experience on the Site. We attempt to ensure that the information on this Site is complete, accurate, and current. Despite our best efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. If you have any questions, or need help, please start first with our frequently asked questions. If the information you are seeking is not listed, please email us at email@example.com and a member of our customer service team will respond to you within twenty-four (24) to forty-eight (48) hours.