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Terms of Use & Conditions of Sale

PLEASE READ THESE TERMS OF USE AND CONDITIONS OF SALE COMPLETELY AND THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE AND AGREE TO ABIDE BY THEM. MEL BOTERI, LLC RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS OF USE AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION. 

All sales made by MEL BOTERI, LLC (“we”, “us,” or “MEL BOTERI, LLC”) to you (“you” or “Customer”) are governed by these Terms of Use and Conditions of Sale unless otherwise indicated by MEL BOTERI, LLC in writing. Accessing, browsing, ordering from and/or purchasing merchandise or otherwise using this site indicates your agreement to these Terms of Use and Conditions of Sale. By making a request/order you are offering to purchase a product which we accept to sell to you under the following terms.

Sale is Contingent on Customer’s Acceptance of Terms of Use and Conditions of Sale.

MEL BOTERI, LLC shall not accept Customer’s purchase orders unless and until Customer consents to these Terms of Use and Conditions of Sale. These Terms of Use and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer’s purchase order(s) and will govern all transactions between Customer and MEL BOTERI, LLC. These Terms of Use and Conditions of Sale also apply to all future transactions unless modified in writing signed by MEL BOTERI, LLC and Customer.

The following terms of use apply to all visitors of the MEL BOTERI, LLC website. By using this website, you agree to be bound by these terms of use, as they may be modified by MEL BOTERI, LLC at any time and posted on this website. In the event of a violation of these terms of use, MEL BOTERI, LLC reserves the right to seek all remedies available by law. 

You represent and warrant that you are at least 18 years of age or older, or visiting the site under the supervision of a parent or guardian. 

Each time you use a Login ID and Password, you will be deemed authorized to access and use the site in a manner consistent with the terms of use of this Agreement. You will be solely responsible for all access to and use of this site by anyone using the Login ID and Password originally assigned to you, whether or not such access to and uses of this site is actually authorized by you. You shall immediately contact MEL BOTERI, LLC in the case of any unauthorized use of your Login ID and/or Password or any other breach of this site’s security by emailing us at info@melboteri.com or by calling +1.404.259.9196.
 
MEL BOTERI, LLC is entitled to refuse any request made by you. If your order is accepted, we will inform you by email or by phone. When placing an order, you consent that all the details you provide to us requesting goods or services are true and accurate, and that you are an authorized user of the credit or debit card used to make your request. You also consent that there are sufficient funds to cover the cost of those goods and services on such form of payment. It is your responsibility to inform us of any changes to these details as soon as possible by emailing us at info@melboteri.com or by calling +1.404.259.9196. MEL BOTERI, LLC reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation to, if MEL BOTERI, LLC believes that customer conduct violates applicable law or is harmful to the company’s interests.

 

MEL BOTERI, LLC may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of the site, at any time and without notice. MEL BOTERI, LLC also reserves the right to change, modify, add or remove any portion of these terms of use in whole or in part, at any time and without notice. All revisions will be posted on this terms of use page and will be effective immediately thereafter. By surfing, using, browsing or purchasing on our website, you are deemed notified of and bound by any changes to our terms of use. 

Payment Terms
MEL BOTERI, LLC accepts Visa, Mastercard, American Express, Discover or Gift cards. Your card will be charged immediately for the full amount upon placing an order. Items sold by MEL BOTERI, LLC and shipped to destinations in the state of Georgia are subject to tax.

Incorporation of Other Policies
Each of the Exchange & Warranty Policy, Security & Privacy Policy, and Shipping & Delivery Policy are hereby incorporated by reference into these Terms of Use and Conditions of Sale and shall be considered a part of these Terms of Use and Conditions of Sale.

 

Promotional Codes, Coupons, Discounts
Discounts cannot be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).

Gift Cards
MEL BOTERI, LLC Gift Cards will be made available for purchase through melboteri.com and may only be redeemed through said website. Discounts and/or promotional codes may not be used to purchase Gift Cards. Taxes are not applied to purchase of Gift Cards. Gift Cards are not reloadable and never expire. Gift Cards may not be applied to wholesale purchases. MEL BOTERI, LLC is not responsible for lost or stolen Gift Cards.

Jurisdiction/Governing Law
MEL BOTERI, LLC is headquartered in the State of Georgia, United States of America. These Terms of Use and Conditions of Sale shall be governed by and interpreted under the laws of the State of Georgia (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms of Use and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use and Conditions of Sale, which shall remain in full force and effect.

Customer expressly agrees that exclusive jurisdiction for any dispute with MEL BOTERI, LLC, or in any way relating to these Terms of Use and Conditions of Sale, resides in the courts of the State of Georgia and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Georgia in connection with any such dispute including any claim involving the merchandise or MEL BOTERI, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors. 

Force Majeure
Neither Customer nor MEL BOTERI, LLC shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party’s control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms of Use and Conditions of Sale, in whole or in part. 

Copyrights, Trademarks and Restrictions
All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by MEL BOTERI, LLC or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by MEL BOTERI, LLC may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. 

All trademarks, service marks, and trade names are proprietary to MEL BOTERI, LLC or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. 

 

User Generated Content
MEL BOTERI, LLC claims full ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post or create on or through the MEL BOTERI, LLC Website. Any Content created by you using the footwear and handbag design applications made available on the MEL BOTERI, LLC website shall remain the sole and exclusive property of MEL BOTERI, LLC and may be freely used and reproduced by MEL BOTERI, LLC for any purpose, including without limitation, for advertising and promotional activities and sales of products incorporating user-generated Content to others.

Miscellaneous
These Terms of Use and Conditions of Sale constitute the entire agreement between MEL BOTERI, LLC and Customer, superseding any prior agreements between Customer and MEL BOTERI, LLC. The failure of MEL BOTERI, LLC to exercise or enforce any right or provision of these Terms of Use and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use and Conditions of Sale are for convenience only and have no legal or contractual effect.

Questions and Comments
Thank you for reading and agreeing to these Terms of Use and Conditions of Sale. 

Please direct any questions or comments regarding the Terms of Use and Conditions of Sale by electronic mail to info@melboteri.com or by standard mail to MEL BOTERI, LLC at the following address:

Mel Boteri, LLC
3340 Peachtree Road NE, Suite 1800
Atlanta, GA 30326, USA

















Copyright © 2014 Mel Boteri