Terms & Conditions MarcelloC-watches

Modification of Content

MarcelloC-watches attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, MarcelloC-watches does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. MarcelloC-watches reserves the right to correct any error, inaccuracy or omission or to change or update the content and these terms & conditions without prior notice to you.

Disclaimers

While MarcelloC-watches has attempted to make the information on its web sites as accurate as possible, the information is provided in good faith without any express or implied warranty. There is no guarantee given as to the accuracy or currency of any individual item. MarcelloC-watches does not accept responsibility for any loss or damage occasioned by use of the information contained on the MarcelloC-watches site. All access and use is at the risk of the user.

ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. MARCELLOC-WATCHES DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF MARCELLOC-WATCHES, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MARCELLOC-WATCHES DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

MARCELLOC-WATCHES DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. MARCELLOC-WATCHES DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

Limitation of Liability

IN NO EVENT SHALL MARCELLOC-WATCHES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF MARCELLOC-WATCHES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MARCELLOC-WATCHES TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU

Enforcement

By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Minnesota, without giving effect to any principles or conflicts of laws. Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. MarcelloC-watches reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.

Usage Restrictions

You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. MarcelloC-watches reserves complete title and full intellectual property rights in any Content that you download from this Website. You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.

Privacy Policy

MarcelloC-watches use of personal information that you may submit to MarcelloC-watches through this Website is governed by the MarcelloC-watches Customer Information Privacy Policy. Please see below.

Proprietary Rights

The MarcelloC-watches photos, logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by MarcelloC-watches or by third parties who have licensed their rights to MarcelloC-watches. All Content is copyrighted as a collective work under the U.S. and international copyright laws and MarcelloC-watches owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

Placing an Order

You may purchase merchandise from this Website by using any one of the payment options listed in Payment Options below. At this time, MarcelloC-watches ships merchandise only to physical locations and addresses within the United States plus Canada as sole international location. P.O. box addresses are not considered physical locations. MarcelloC-watches does not ship to Puerto Rico, Guam or the US Virgin Islands. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier and it is your responsibility to take delivery of the shipment. Should you decide to decline or refuse a delivery, all risk is transferred to you and you will be invoiced for any loss or damage in transit on the return. Your order will typically be processed and shipped the next business day after your payment was received or the funds credited, however no guarantees on shipping are being implied or made. In certain cases, we might be able to accommodate shipping during the same day when we have received your order and payment. Please contact us for details and confirmation if you need a shipment to go out the same day prior to placing the order.

MarcelloC-watches reserves the right to change its payment procedures or order placement option at any time without prior notice to you. MarcelloC-watches charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate when the location to which the order is being shipped is within the State of Colorado. In case your shipping address is outside the state of Colorado, you are responsible for any sales tax or VAT that may be charged in your state of residency. Once your order is submitted to us, we cannot change or cancel an order on your behalf until your merchandise is received by you. Please note that by placing an order, you are engaging in a legal contract and are expected to make the payment for the merchandise ordered as well as associated charges. Only after the receipt of full payment for (including but not limited to) merchandise, S&H, sales tax etc. by MarcelloC-watches, an order confirmation will be send by MarcelloC-watches via email. MarcelloC-watches reserves the right to refuse or cancel at any time any orders containing any error, inaccuracy or omission as well as for merchandise no longer available for sale, whether or not the order has been submitted, confirmed and/or your credit card has been charged. MarcelloC-watches furthermore reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited or product no longer available from the manufacturer. In case MarcelloC-watches incurred any cost with a cancelled order (e.g. S&H or bounced check), you agree to cover the cost and fees and accept a refund minus these charges.

MarcelloC-watches may display advertising prints for products sold through this Website. MarcelloC-watches attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.

Payment Options

At this time, MarcelloC-watches accepts the following methods of payment: US Postal Service money orders (USPS) and certified cashiers checks only. Name and shipping address of the payment received must match the shipping address and customer name on the order placed. Due to the risks associated with sending other forms of payment and for your protection, we currently cannot accept any other form of payment. All items remain the property of MarcelloC-watches until paid in full. A processing fee of US$85 will be charged for all bounced checks. Fraudulent USPS Money Orders will be investigated and prosecuted by US Postal Inspectors to the full extend of the law; please note that we will cooperate and provide all relevant data to law enforcement, including data and information ordinarily covered by our privacy policy. In case the payment turns out to be not covered by sufficient funds, MarcelloC-watches will exercise its reclamation rights as governed by the Uniform Commercial Code (UCC) and customer is required to return all unpaid merchandise within 10 days after receipt of the goods. Failure to comply with the Uniform Commercial Code (UCC) will result in legal action. Prompt payment for any services rendered is expected. Should you need to make payment arrangements prior to having your watch serviced, please contact us to discuss the details. Please send payment within 21 days of receiving our invoice. A 10% late payment fee ($10 minimum late fee) will be applied to all invoices not paid in full within thirty (30) days. In case we do not receive payment for services rendered within sixty (60) days, we will consider the watch that has been serviced abandoned property and it will be disposed of to cover the cost of services rendered, late fees and administrative cost. Should the value be insufficient to cover the cost, we will pursue a court order and pass the claims to a debt collection agency. Any unpaid invoices will be reported to the Credit Bureaus (Equifax, Experian,TransUnion).

Links to Third Party Websites

This Website may contain links to other sites that are neither owned nor operated by MarcelloC-watches (although some such sites may have an affiliation with MarcelloC-watches) (collectively, "Third Party Sites"). Such links are provided for your convenience only. MarcelloC-watches makes no representations whatsoever about any Third Party Sites which you may access through this Website, as MarcelloC-watches has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third party Sites may differ significantly from MarcelloC-watches Customer Information Privacy Policy and MarcelloC-watches Online Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.

Miscellaneous

The Terms and Conditions constitute the entire agreement between you and MarcelloC-watches. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and MarcelloC-watches. No modification of the Terms and Conditions shall be effective unless it is authorized by MarcelloC-watches in writing. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Return Policy

MarcelloC-watches takes pride in providing 1st class customer service and merchandise. Please inspect your new watch carefully upon receipt, but don't remove the protective stickers, do not remove the strap or bracelet, don't size the bracelet and do not wear the watch just yet, until you are absolutely certain you will keep it. We can only accept returns to us within 3 days of customers receipt of product (you are expected to contact us immediately and we need to receive the merchandise back in new condition and complete with all packaging, papers and original invoice within 3 days of when you first received the product (weekends or holidays included). Do not simply refuse to accept a shipment; we are not responsible for any potential loss or damage of merchandise during return shipping to us and will not be able to process any refunds unless we receive the merchandise back from you in the same condition it was shipped. Please immediately inform us of your intent, confirm the condition and request a RA# in case you want to take advantage of our return policy). This RMA number is only valid for a maximum of 3 days. MarcelloC-watches sells only brand new watches and the latest models. We cannot sell watches that have been worn or are out of style. Therefore we have set a fair yet firm policy regarding returns. Because a previous, more generous return policy was abused far too often, we are no longer able to make any exceptions. If you feel that you might be unable to comply with this fair and simple policy for any reason or do not accept our terms and conditions, please do not place an order.

WATCHES MUST BE RETURNED IN BRAND NEW CONDITION. UNTIL YOU ARE SURE YOU WILL BE KEEPING THE WATCH, DO NOT WEAR IT AND DO NOT REMOVE PROTECTIVE STICKERS, REMOVE OR SIZE THE STRAP OR BRACELET OR DEPLOYANT BUCKLE. IT IS ALMOST IMPOSSIBLE FOR A WATCH TO BE WORN, EVEN FOR A SHORT PERIOD OF TIME, AND NOT BE BLEMISHED OR SCRATCHED IN ANY WAY. ALL SALES ARE CONSIDERED FINAL SHOULD YOU REMOVE STICKERS, REMOVE OR SIZE THE BRACELET OR STRAP AND START WEARING THE WATCH. NO EXCEPTIONS.

All returns must have a Return Authorization No. (RA #). Please contact us prior to return for RA#. We must receive your return shipment within 3 days after you have originally received the item(s). This number must be displayed on the outside of the box; this will expedite your return. A return of a watch without our prior authorization or arriving more than 3 days after the RA # has been assigned, will be refused and returned to you at your cost.

Please be sure the watch you order is the correct size for you. The dimensions of our watches are stated on the site and we will answer your questions regarding dimensions/size, however we cannot accept returns in case a watch is simply smaller/larger than suitable for your wrist or expected.

Do not remove the strap or bracelet, have the bracelet sized (links removed) or the protective stickers removed.

All product must be returned with complete original packaging, protective stickers still attached, warranty card, original invoice (no copy) etc. in new and unused condition

All returns will be charged a restocking fee of 25% of invoice and original shipping charges. There are no restocking charges on an exchange for another watch from us as long as the conditions for a return as defined in this section are met.

Returns must be shipped via traceable courier, e.g. UPS or FEDEX. Return shipment must be pre-paid and fully insured for the amount you expect credit. Collect shipping will be refused. In case of loss or damages, customer is liable.

We believe that all these conditions are reasonable and fair and quite simple to adhere to. You will be notified at the time of purchase, if your order is a special order item and the above policy may not apply. Items not usually in stock or specially ordered from the manufacturer are considered special order items. Their sale is final and no return or exchange can be made unless the merchandise is damaged on arrival. All sales are considered final unless we hear from you within 3 days of receipt of product that you wish to return the merchandise and all conditions for a return (see above) are met.

Security

MarcelloC-watches provides secure online ordering. If your browser supports secure transactions, you can place your order with us through email and send the payment through USPS mail.

Privacy Policy Personal Information

Your name, Credit Card information, shipping & billing address, telephone numbers, email address & all other private information will remain just that - private. MarcelloC-watches uses your personal information for billing, verification & shipping applications only. MarcelloC-watches is committed to safeguarding you personal information. We guarantee not to sell, swap, trade or pass along to any 3rd party any of your private information.

Arbitration

In case of any disputes between MarcelloC-watches and a customer and for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than US $10,000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Attorneys' Fees for Litigation/Arbitration. If either you or MarcelloC-watches commence litigation or arbitration in connection with a fine or other action taken related to our Terms and Conditions, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may be entitled.

Shipping

Shipments to the continental US

At MarcelloC-watches, we offer UPS insured shipping at flat S&H fees shown below. Next Day / Overnight Express deliveries might be available when supported by the carrier to your destination, depending on when we receive your order and payment. Please confirm with us prior to placing your order. MarcelloC-watches cannot make any guarantees for overnight delivery. Please make sure your shipping address is correct and someone is able to receive the shipment and sign for delivery; we will have to charge you full S&H fees in case the shipment is being returned to us because nobody was able to accept delivery.

Shipping Method	Below $400	$400 to $800	Above $800
UPS insured	$17.00	$25.00	$35.00
UPS Next Day Air, insured	$25.00	$35.00	$45.00

If necessary, alternate shipping options might be available upon special request. Please contact us about these options prior to placing an order.

Shipments to Alaska, Hawaii & Canada

Orders shipped to Alaska or Canada will be charged a flat S&H fee of $35.00. Canadian orders may be subject to other costs such as import duties which are the sole responsibility of the customer. Please note that we fill out all customs forms truthfully, no exceptions. Shipment service to Canada is provided by FedEx

Taxes

MarcelloC-watches does not charge sales tax on any orders shipping to anywhere outside the state of CO. You are responsible for any sales and other taxes in your state, county or city of residence.

Shipments to Minnesota

Since MarcelloC-watches is located in Colorado, we are required by state law to charge sales tax on sales that ship to anywhere in CO. Therefore all shipments within Colorado are subject to the local sales tax rate plus added taxes for shipping to certain counties within Colorado.

Shipping to an address other than the billing address

For security purposes, MarcelloC-watches requires shipping of all watches to the billing address. However we recognize the necessity for customers to be able to ship the watch to an alternate address. If you have selected to ship the watch to a different address other than your billing address you will be required to confirm the "alternate address" with us prior to placing the order and we cannot accept payment for such an order through credit card.

International Shipments and Shipments to Canada

MarcelloC-watches welcomes inquiries from potential customers who reside in Canada.
In order to serve you as efficiently as possible, we have compiled a list of "General Questions" that may answer most or many of you queries.

I live outside of the US can I order from MarcelloC-watches?
Sure, MarcelloC-watches sells many watches to customers in Canada. Unfortunately we cannot serve any other countries as MarcelloC-watches is only authorized Distributor for MarcelloC watches in the US and Canada.

How do I place an order?
An order can be placed for example by sending us an email with your complete name, address and details on the watch you would like to purchase. We will than send you a quote and confirmation if the watch is in stock and available. You can than make the payment of the amount quoted via any of the methods listed in the "Payment Options" section to finalize your order. Please see the section "Placing an Order" for more details. You may also place an order directly by using the "Buy Now" link provided on the website, however please note that any order placed online is subject to these terms and conditions and we cannot guarantee availability or shipping dates as the website does not display accurate information about available stock.

What methods of payments do you accept?
Please see the section "Payment option" for more information, At this time we accept US postal money orders only.

What currency does MarcelloC-watches charge in?
All charges will be charged in US Dollars (US$).

How much does shipping cost?
Shipping to Alaska, Hawaii & Canada is usually $35.00. The price includes shipping, handling & insurance but others charges such as customs duties or local (Canadian) taxes are the customers responsibility.

How do you ship the watch?
We use the United Parcel Service (UPS) in the US and FedEx for international shipments. All packages are shipped in a well-secured box. All watches shipped are insured for its full value - this way if a package is lost/stolen en-route to its destination, we can refund your money after the insurance claim has been cleared or ship out a new watch to you. The method of shipping we use requires a signature for delivery; please make sure someone will be able to accept the delivery and provide a signature when you place an order. We cannot ship to PO box addresses.

Who is responsible for the customs, duties, VAT charges & any other charges along the way?
MarcelloC-watches will charge you for the actual watch & shipping charges only. All other charges (such as taxes, duties & V.A.T.) are the sole responsibility of the customer. Usually you will have to pay these additional charges to the delivery driver or you may be billed by your Customs Department.

What "other" charges will pop up along the way?
In Canada, you will be charged import duties & various taxes. In many countries you may be charged V.A.T. (or G.S.T.). Since the duties & V.A.T. charges vary from country to country & from watch to watch, please check with your local customs department to verify the estimated charges. If you have a friend or relative in the USA, we might be able to ship the watch to his/her address instead (please confirm with us).

Can I return the watch if I don't like it?
All international sales are considered a "Special Order" and the sale is considered final. We do not accept returns from outside the United States. In the highly unlikely situation that the watch is defective upon arrival or was damaged during shipping, you are covered by the manufacturers warranty and we maintain the right to decide if we will repair, replace or refund your money, however you will be responsible for all shipping and customs duties.