Conditions of Sale
MARIONI E-BOUTIQUE AND CLIENT RELATIONS CENTER
The following terms and conditions and any other related rules that are adopted by Marioni and made available as provided herein (collectively the “Conditions of Sale”) shall apply to all sales of Marioni products that you (the “Customer” or “you”) may order from Marioni, a corporation organized and existing under the laws of Florida and having its corporate headquarters in Orlando FL (“Marioni” or referred to herein as “us”, “our” or “we”) either (a) by phone via the Client Relations Center of Marioni (the “Client Relations Center”) or (b) on the Internet via Marioni Website, identified by the domain name "www.MarioniJewelry.com" (the "Website").
These Conditions of Sale apply only to sales made through the Client Relations Center or the Website. Sales conducted through other retail boutiques are not subject to these Conditions of Sale.
The Conditions of Sale applicable to any order placed through the Client Relations Center or the Website are those in force at the time that an order has been placed on your behalf by a Marioni Ambassador (in the case of an order placed through the Client Relations Center) or at the time you place your order (in the case of an order placed through the Website). In the case of an order placed through the Website, when you check the “I Accept” box at the order confirmation section of the Website before placing your order with Marioni, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any Marioni products from the Website or the Client Relations Center.
Marioni may modify the Conditions of Sale from time to time, at its sole discretion. If you are placing an order through the Website, then by checking the “I Accept” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time.
2. PURCHASING ELIGIBILITY
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Client Relations Center or on the Website. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in contravention to this provision shall be null and void.
By placing an order through the Client Relations Center or on the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Marioni products or purchase Marioni products for commercial purposes or any other commercial benefit. If Marioni believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that Customer is engaging in fraudulent or grey market activities, then Marioni may refuse such order.
3. PRODUCT AVAILABILITY; QUANTITY
All orders placed through the Client Relations Center or on the Website are subject to availability and acceptance by Marioni.
Marioni reserves the right to change the assortment of items proposed on the Website or through the Client Relations Center and may limit from time to time the quantity of Marioni products that may be ordered by a Customer in a single buying session. Currently, orders may not exceed five (5) products in any buying session on the Website. Please contact the Client Relations Center should you wish to purchase more than five (5) products per buying session.
The Client Relations Center and the product pages of the Website can provide you with information regarding products that are currently available for sale through those channels. Please note that only those creations displaying a “details and purchase” button are available for sale through the Website. Marioni reserves the right to change from time to time the assortment of items offered on its product pages. You may also call the Client Relations Center at and a Marioni ambassador will provide you with further information as to product availability and assist you with your purchase.
4. ACCOUNT Registration; personal information
In order to place an order through the Client Relations Center or on the Website, you or the Marioni ambassador (on your behalf) will be required to register and create your online account. In order to register, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Website or by the Marioni Ambassador, you will receive by email a one-time password, which will allow you to log in to your account on the Website and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Marioni will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "Delete" next to the chosen product in the Shopping Bag. When you have completely reviewed your order, check the box next to “I accept” to indicate your agreement to be bound by these Conditions of Sale, and then click on the "Confirm and place order" button on the Website to place your order.
When ordering by telephone through the Client Relations Center at … a Marioni ambassador will follow the order process on your behalf.
When placing an order through the Client Relations Center or on the Website, you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. You warrant that all personal information given to Marioni is true and correct to the best of your knowledge. Marioni or its third party providers may collect additional information at this time for security and anti-fraud purposes.
Notwithstanding anything to the contrary provided for herein, Marioni reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Marioni may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Marioni suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
6. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Website or quoted by the Client Relations Center are in U.S. Dollars.
Marioni reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Client Relations Center, at the time Marioni provides you with a Confirmation of Order, will be honored by Marioni.
Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order (in the case of a Website order), or will be quoted by the Client Relations Center (in the case of a telephone order), and will also appear on your Confirmation of Order and invoice (if you choose to receive an invoice). Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
7. REVIEW AND CONFIRMATION
You should carefully check all details before placing your order through the Client Relations Center or on the Website, including without limitation the particulars of each sale, which will be provided by the Marioni ambassador (in the case of an order being placed through the Client Relations Center) or the Website (in the case of an order being placed through the Website).
8. PAYMENT BY CREDIT CARD
Marioni accepts the following credit cards: Visa, MasterCard, JCB, American Express, Diner’s Club and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted.
When ordering on the Website, you will need to enter your payment details on the appropriate form. If you order by telephone, you will need to communicate to the Client Relations Center your credit card number and your three- or four- digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID). Your telephone conversation may be recorded for security and quality control purposes. Any telephone conversation recorded by our Client Relations Center that contains your credit card information will be fully encrypted and only used to process card transactions.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Marioni, you will need to contact your card issuer directly to solve this problem, and Marioni will not be liable for any delay or non-delivery.
In order to process your order, we may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Marioni, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Marioni products on the Website or through the Client Relations Center, you expressly authorize Marioni to perform such credit card pre-authorization and, where Marioni deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
In order to secure your transaction and prevent fraud, Marioni will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Marioni to perform such checks and, where Marioni deems necessary, from time to time to transmit or obtain information that you have provided to Marioni about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
9. ACKNOWLEDGMENT OF ORDER
Once you have placed your order through the Client Relations Center or on the Website, you will receive an Acknowledgment of Order by fax or email acknowledging the details of your order.
This acknowledgement of your order is not an acceptance of your order.
Following the transmission of the Acknowledgment of Order, Marioni will conduct its usual security and anti-fraud checks before processing your order.
When ordering by telephone through the Client Relations Center, you will also receive by fax or email these Conditions of Sale along with the Acknowledgment of Order. Please carefully review these Conditions of Sale upon receipt.
10. CONFIRMATION OF ORDER
Upon shipment of your order, following completion by Marioni of its antifraud and security checks, Marioni will send you by email or by fax a written Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by Marioni and indicates the existence of a binding sales contract.
11. COMPLIMENTARY services
The following complimentary services will be proposed, free of charge, on the Website or by the Client Relations Center:
11.1. Marioni Signature Box
All packages are delivered with the Marioni Signature Box.
Engraving is available only on specific items such as the Marioni Signature bracelet.
If you wish to have your Marioni product engraved, please provide the details on the Website or to the Marioni ambassador.
IMPORTANT NOTICE: Engraved Marioni products cannot be returned to Marioni for exchange or refund.
11.3. Gift Note
You may personalize your order by adding a gift note printed by Marioni containing your message. If you have ordered several products, additional blank notes will be provided in the package that contains your order.
11.4 FedEx 2 Business Days Shipping
We are happy to offer to our customers complimentary FedEx 2 Business Days delivery.
12. SHIPPING POLICY
We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Marioni does not ship to PO boxes, APO/FPO addresses or hotels.
Delivery costs will be assessed by Marioni and will be added to the price of the Marioni products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Conditions of Sale.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:
Delivery Type : STANDARD
Provider : FedEx
An estimated 5-7* days are required for delivery.
Shipping cost is complimentary
Delivery Type : EXPRESS
Provider : FedEx
An estimated 2 Business Days* are required for delivery.
Shipping cost is complimentary
Delivery Type : Overnight
Shipping cost is a flat rate of 30$.
* Shipping time is subject to stock availability. Special orders and orders shipping to Alaska and Hawaii are not eligible for Express Delivery. Standard Business Days are Monday through Friday. Saturday Delivery may be available in specific zip codes for an additional charge. For more information regarding Saturday Delivery, please contact Marioni Client Relations Center at …..
Please note that in exceptional cases, express delivery will be delayed if you have requested standard adjustment or engraving. In such cases, the Client Relations Center will contact you within 24 to 48 hours to propose other arrangements and refund charges associated with your express delivery.
Each delivery package will contain, in addition to your purchased Marioni product:
all related accessories, if any,
a hand written thank you card;
documents including the Product Manual, as applicable, and the Certificate of Authenticity and Warranty Card;
(IV) these Conditions of Sale;
a printed gift note containing your message, if so requested by you when you place your order, and one additional blank note per additional product;
(VI) the return form and pre-paid return label and
(VII) the packing slip without price.
When ordering products on the Website or through the Client Relations Center, you, as the Customer, will have the option to choose whether you wish to receive an invoice to your email address or billing address by regular mail. If you decide at this moment, or any time later, that would like to receive an invoice; you may do so by calling the Client Relations Center at..… Please note that Marioni may request that you provide proper identification as a condition to complying with such request.
Marioni insures each purchase during the time it is in transit until it is delivered to you. We recommend a signature by an adult (“adult” being defined as persons of 18 (eighteen) years of age or older) to confirm your acceptance of each Marioni product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Marioni and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
13. RETURN policy
In order to ensure your total satisfaction, a Customer or a recipient of a gift of Marioni products (a “Gift Recipient”) may return Marioni products in accordance with the return and exchange policy set forth below. Returns of Marioni products which are not in compliance with the conditions and timeframes set forth below may be rejected by Marioni and will be sent back to you.
13.1. Return Period
Marioni allows the Customer or the Gift Recipient to return Marioni Products purchased on the Website or through the Customer Contact Center within thirty (30) days of receipt of the product.
13.2. Return Process
Products that have been purchased on the Website or through the Client Relations Center may be returned to the Marioni e-Boutique distribution center, at the following address: …..
Products that have not been purchased on the Website or through the Client Relations Center may NOT be returned to the Marioni e-Boutique distribution center.
If a Customer or Gift Recipient wishes to return a product to the Marioni e-Boutique distribution center, then such person must comply with the following steps:
I. Call the Client Relations Center at …. to request a Return Authorization Number (RAN). This number is required prior to returning any product to Marioni,
II. Fill out the required information, list the applicable Return Authorization Number (RAN) on the return form and sign it,
III. Include the completed return form with the product, all its accessories, the Product Manual, the Certificate of Authenticity, the Warranty Card and all other documents, in its original box and delivery package,
IV. Seal the delivery package and affix the pre-paid delivery label to it,
V. Bring the package to any FedEx location or call FedEx to arrange pick-up.
Should the Customer or Gift Recipient decide to return a purchased item within the 30-day period, Marioni and Customer or Gift Recipient, as the case may be, agree that Marioni maintains a special interest in the merchandise and will therefore purchase insurance on the returned merchandise. Marioni is under no obligation to do so but will take this initiative for the Customer's or Gift Recipient’s convenience.
The Customer or Gift Recipient must keep a proof of return shipment, and Marioni accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Marioni e-Boutique distribution center will be eligible for a refund.
Upon receiving a return, Marioni will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.
13.3. Conditions to Return a Product
Marioni products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them. Marioni will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
Engraved Marioni products cannot be returned to Marioni for exchange or refund.
All returns will be subject to strict Quality Control (QC) by Marioni to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Marioni will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (QC), Marioni will proceed with the applicable refund or exchange.
13.4. Refunds and Merchandise Credit
Should a product be returned to the Marioni e-Boutique distribution center, only a Customer will be entitled to receive a refund. In no event will a Gift Recipient be entitled to receive a refund.
Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. In the case of a return to the Marioni e-Boutique distribution center, then if a Customer’s return complies with the return policy, Marioni will use reasonable efforts to credit the refund to the Customer’s credit card no later than thirty (30) days after receipt of the returned item by the Marioni e-Boutique distribution center.
Customers and Gift Recipients may be permitted to exchange a product purchased on the Website or through the Client Relations Center for another Marioni product if the product to be exchanged satisfies the conditions of the return policy. Marioni will send an invoice to the Customer which specifies the value of the returned product, the price of the item for which the original product has been exchanged and the difference to be paid by Gift Recipient or the amount that the Customer is entitled to receive, as indicated below.
Should a product be returned for exchange to the Marioni e-Boutique distribution center by a Customer or Gift Recipient, the Customer will be entitled to receive a refund of the price difference if the product to be exchanged is less expensive than the desired Marioni product. If the returned product is more expensive than the exchanged item, the Customer or Gift Recipient will be charged the difference in price.
13.6. Defective Products
Marioni is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product which seems to be damaged, you may return it to Marioni in accordance with the return policy. Upon receipt, Marioni may classify the returned product as a defective product. Please note that items that are damaged as a result of wear and tear are not considered to be defective.
If your product is declared as defective by Marioni, the following solutions will be proposed to the Customer or the Gift Recipient, as applicable:
I. Marioni may send you the same product in the exact same size, subject to availability,
II. Marioni may propose an exchange for another Marioni creation of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference, or
III. Only you, as the Customer, may request a refund of the full price of your initial purchase.
For any repair inquiries, please contact our Client Relations Center by emailing us at firstname.lastname@example.org
If you purchase a Marioni product as a gift for a Gift Recipient, you will have the option to request an invoice by contacting the Client Relations Center at …. If you choose to receive an invoice, Marioni will send such invoice to your email address or billing address by regular mail (Marioni will never send the invoice and payment details to the Gift Recipient).
16. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
WHILE MARIONI ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE WEBSITE, IN ADVERTISEMENT OR CATALOG OR BY THE CLIENT RELATIONS CENTER, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF SUCH INFORMATION. MARIONI DOES NOT CONFIRM THE PRICE OF MARIONI PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY MARIONI, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A MARIONI PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEBSITE, THEN MARIONI WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE MARIONI PRODUCTS DISPLAYED ON THE WEBSITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, MARIONI DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.
17. ENTIRE AGREEMENT
18. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
19. GOVERNING LAW
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of Florida, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof or any Marioni product purchased through the Website or Client Relations Center will be resolved by binding arbitration, rather than in court, except that a Customer may assert claims in small claims court if your claims qualify. The arbitration will be conducted in Orlando, Florida, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Last Revised: March 2019