Terms e Conditions - MarkEyewear
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MarkEyewear

Terms e Conditions

This post is also available in: Italiano (Italian)

Terms e Conditions

Welcome to MarkEyewear.com. These “General Terms and Conditions of Use” govern access to, use of, and purchase of products from the English section of the MarkEyewear.com website. By using the website, you agree to comply with, and be bound by, these General Terms and Conditions of Use. If you do not agree to comply, please do not use the website.

GENERAL
MarkEyewear.com website is the property of Ottica Altino Srl, an Italian company located at Via Barberia 38, 31110 – Treviso (TV), Italy.

SITE POLICIES
Please review our Terms and Conditions of Sale, Return Policy and Privacy Policy (collectively, “Site Policies”). All Site Policies are incorporated into these Terms and Conditions of Use, and apply to your access to, use of, and purchase of products from the MarkEyewear.com website. If you do not agree to comply with Site Policies, please do not use the website. We reserve the right to make changes at any time to the website, its Site Policies and these Terms and Conditions of Use. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.

PURCHASE FOR PERSONAL USE ONLY
You may buy products on the MarkEyewear.com website for personal use only and not for resale. Placing an order certifies that you are buying products for personal use only and not for resale, and that you accept the Terms and Conditions of Sale. WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.

USER SUBMISSIONS
We welcome comments and opinions regarding the MarkEyewear.com website, our products and our services. However, we do not accept confidential or proprietary information. Accordingly, all comments, opinions, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, “Submissions”) disclosed, submitted or offered to MarkEyewear are not confidential. You declare and guarantee that any Submissions made to MarkEyewear are in compliance with applicable laws and do not violate any rights of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Submissions, you grant MarkEyewear a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and/or display such material throughout the world in any media. You are and will remain solely responsible for any Submissions you disclose, submit or offer to MarkEyewear.

PRIVACY
We recommend that you read our Privacy Policy, which explains our online privacy practices.

COPYRIGHT
All content included on MarkEyewear.com website such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of MarkEyewear or its content suppliers, and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without prior express written consent by MarkEyewear or its content suppliers. MarkEyewear and its content suppliers have, at their sole discretion, the exclusive right to authorize or prohibit any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, its Content. MarkEyewear and its content suppliers have the right at any time to claim authorship of any Content posted on the MarkEyewear.com website, and to object to any use, distortion or other modification of the Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by MarkEyewear or its content suppliers, will be carried out for lawful purposes only and in compliance with all applicable laws.

LICENSE AND SITE ACCESS
Viewing, printing or downloading any Content from the MarkEyewear.com website grants only a limited, non-exclusive and nontransferable license for personal use only, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for personal use (not resale or redistribution). Any unauthorized use of the MarkEyewear.com website and its Content will immediately terminate the license granted by MarkEyewear.
You will have sole responsibility for all damages and other harm resulting from use of the MarkEyewear.com website and its Content. MarkEyewear will not be deemed liable for any use of the website and its Content which is made in violation of any applicable laws, regulations and these Terms and Conditions of Use.

COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact a MarkEyewear copyright representative for further information at info@markeyewear.com.

LINKS TO OTHER WEB SITES
The markeyewear.com website may provide hyperlinks to third party websites (“third party websites”). Markeyewear does not operate, control, endorse or guarantee any third party website. You agree that markeyewear is not responsible for any content, services and/or products provided by any third party website, nor is markeyewear responsible for any practice followed by any third party website concerning the collection and processing of personal data of their users. When you access any third party website through a hyperlink posted on the markeyewear.com website, please carefully read that website’s terms and conditions of use, privacy policy and other policies. Our policies do not apply to any third party website.
Markeyewear provides hyperlinks to third party websites solely for the convenience of its users. This provision does not constitute a recommendation that users access third party websites.
You agree that use of any third party website is at your own risk and without any kind of warranty, either express or implied, by markeyewear. This includes (but is not limited to) implied warranties of title, merchantability, fitness for specific purpose, or non-infringement. Under no circumstances is markeyewear liable for damage arising from any transaction between you and any third party website, or for any information appearing on third party websites.

GOVERNING LAW AND CHOICE OF FORUM
The laws of Italy govern all matters arising out of or relating to these Terms and Conditions of Use, including, without limitation, their validity, interpretation, construction, performance and enforcement. All legal proceedings arising from, or about, these Terms and Conditions of Use will be brought solely in the City of Treviso, Italy.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The markeyewear.com website and all information, content, materials, products (including software) and services included on, or otherwise made available through, this website are provided on an “as is” and “as available” basis unless otherwise specified in writing. Markeyewear makes no declaration or warranty, either express or implied, as to the operation of this website, or to the information, content, materials, products (including software) or services included on, or made available through, this website, unless otherwise specified in writing. You expressly agree that use of this website is at your own risk.
To the fullest extent permissible by applicable law, markeyewear disclaims all warranties, either express or implied. This includes (but is not limited to) implied warranties of title, merchantability, fitness for specific purpose and non-infringement. Markeyewear does not warrant that: this website; the information, content, materials, products (including software) or services included on, or otherwise made available through, this website; its servers; email sent by markeyewear are free of viruses or other harmful components. Markeyewear will not be liable for damage of any kind arising from use of this website, or from any information, content, materials, products (including software) or services included on, or otherwise made available through, this website. This includes (but is not limited to) direct, indirect, incidental, punitive and consequential damage, unless otherwise specified in writing.

TERMS AND CONDITION OF SALE
The following Terms and Conditions of Sale govern the sale of merchandise by MarkEyewear to you through the English section of the MarkEyewear.com website. Use of the website to buy merchandise indicates agreement to follow, and be bound by, these Terms and Conditions of Sale.

PRODUCTS AND ORDERS
Product availability is indicated in the product detail page.
Product available: you can order it and soon it will come to your door.
Product not available because the product is not in stock: if you want to be informed when it again becomes available, enter your email address to be notified when the product returns to the catalog.
All orders are subject to email confirmation by MarkEyewear. Please note that the products shown on the website may be out-of-stock or discontinued, and availability is not guaranteed. While we have tried to accurately display the colors of products, the colors you see will depend upon your monitor and may not be accurate.
You can check order details and the status of your order at any moment within the dedicated customer section of the MarkEyewear.com website.

PRICES – SALES TAXES
All prices are in Euros and include VAT (value add tax).
According to the delivery Country there may be local taxes and duties for your order. All customs, taxes, import duties, brokerage, fees, or any additional charges by your local government are responsibility of the recipient.
We are not responsible for these charges in any way, nor do we receive any of this money. The last thing we would want is for our customers to be charged extra. Since duties and taxes vary by country and by what was ordered, we are not able to supply an estimated cost. For the Countries where taxes and duties cannot be calculated beforehand, you will be asked to pay them at delivery to the courier.
Shipping fees and taxes will not be refunded for packages that are refused due to VAT/duties.
DHL and BRT are our courier for all shipments. You will receive an email containing your Tracking Number once your package has been shipped from our Italian HQ, 2-3 business days from order date.
Orders made from a different site than the delivery address will be automatically cancelled.
Prices may change without notice.

SHIPPING COSTS
You are responsible for the shipping costs associated with the delivery of the products bought on the MarkEyewear.com website as specified in your order confirmation.

SHIPMENTS AND DELIVERY
Delivery is deemed complete and title to the product passes to you upon acceptance of shipment by a common carrier.

RETURNS AND REFUNDS
Please refer to our Return Policy, which forms an integral part of these Terms and Conditions of Sale.

BINDING AGREEMENT
The order confirmation by MarkEyewear, these Terms and Conditions of Sale and other Site Policies are the final agreement between you and MarkEyewear regarding matters contained in these Terms and Conditions of Sale.

GOVERNING LAW AND CHOICE OF FORUM

The laws of Italy govern all matters arising out of, or relating to, these Terms and Conditions of Sale, including without limitation their validity, interpretation, construction, performance and enforcement. All legal proceedings arising from, or about, these Terms and Conditions of Sale will be brought solely in the City of Treviso, Italy.

DISCLAIMERS AND LIMITATIONS OF LIABILITY
There are no express or implied warranties which extend beyond the description of the merchandise contained in the markeyewear order confirmation. Markeyewear will not be liable for damage of any kind arising from the use of the website. This includes (but is not limited to) direct, indirect, incidental, punitive and consequential damage.
Certain state laws do not allow limitations on implied guarantees, or the exclusion or limitation of certain damage. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

SEVERABILITY
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions of Sale remain in full force to the extent permitted by law.

PRIVACY
The terms and conditions of the Privacy Policy govern the processing of all personal data collected for purchase of products through the MarkEyewear.com website.

FORCE MAJEURE
MarkEyewear will not be liable for any delay or failure in performance caused by circumstances beyond reasonable control.