TERMS AND CONDITIONS OF USE
Last Revised September 17, 2019This Site is provided as a service to ROMEO MERINO´s customers. The following Terms & Conditions and any other rule posted on ROMEO MERINO Site (T&C) constitute the Agreement between Ananda Investments LLC (dba as "ROMEO MERINO") and you (“The Customer ”), so they govern the access and use of all content and functionalities available at ROMEO MERINO website, related domain names, related micro-sites and any other website accessed through the URL www.romeomerino.com (collectively the “Site”).
The use by The Customer of the Site constitutes his/her acceptance of this Agreement, and to follow and be bound by the T&C. ROMEO MERINO reserves the right to update or modify this agreement at any time without prior notice, and the continued use of this Site by The Customer following such change shall signify his/her agreement to be bound by the modified T&C. That is why we recommend The Customer to review the T&C whenever he/she uses any of the sites. If The Customer does not agree to these terms, please do not use this Site. The Customer is responsible to check the T&S regularly for changes.
In order to enter into a legally binding Agreement, The Customer must have the capacity and legal ability to enter into that contract. Minors must be accompanied by their parents or guardians.
ROMEO MERINO does not intentionally collect personal information from children under 13. If ROMEO MERINO learns that has collected any personal information from a child under the age of 13 without verifiable parental consent, ROMEO MERINO will delete that information from its database as quickly as possible. If The Customer believes that ROMEO MERINO may have collected information from a child under 13, please contact us at firstname.lastname@example.org.
When The Customer creates an account, she/he must register an account password. The password must be distinctive and kept secure by The Customer. If there is a breach of security or misuse of The Customer’s account, she/he must immediately notify to ROMEO MERINO through the following email email@example.com. The confidentiality of The Customer’s account is her/his responsibility.
The Customer, as owner of the account, can contact the Customer Service of ROMEO MERINO for any assistance.
If The Customer forgets her/his password, follow the instructions on the Site – Sign in. Take into account that ROMEO MERINO cannot send passwords by email for security reasons.
ROMEO MERINO will not be held responsible or liable for any misuse of The Customer account in the event that a third party has access to and uses his/her password and account login in any way.
QUALIFIED CUSTOMERS AND INFORMATION
The purchase of any Product through the ROMEO MERINO Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Florida. In order to enter into a legally binding Agreement, The Customer must have the capacity and legal ability to enter into this Agreement.
The information that ROMEO MERINO Site will require in order to make purchases is the following:
- Real full name,
- Phone contact number,
- E-mail address,
- Valid payment details that The Customer represents and warrants,
- Valid credit/debit card by a bank acceptable to ROMEO MERINO, and which have authorized ROMEO MERINO to process a charge or charges on their credit/debit card in the amount of the total purchase price including taxes, transport and any other authorized fee,
- Billing information,
- Other specific information.
ROMEO MERINO reserves the right to refuse any placed order and may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit card, and/or orders that use the same billing and/or shipping address. In this event, ROMEO MERINO will attempt to notify The Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. ROMEO MERINO reserves the right to limit or prohibit orders that, in at its sole discretion, appear to be placed by dealers, resellers or distributors.
The Customer expressly authorize ROMEO MERINO or its third party to perform credit checks and to transmit or to obtain credit card information or credit report information to or from third parties solely to authenticate The Customer’s identity, to validate The Customer’s credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Furthermore, The Customer agrees that ROMEO MERINO may use Personal Information provided by her/him in order to conduct appropriate security and anti-fraud checks. Personal Information that The Customer provides may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
ORDERSEven ROMEO MERINO offers products for sale that are in stock and available for dispatch from its distribution center, all orders are subject to acceptance and availability verification.
The Products in The Customer shopping basket will remain reserved for the time shown there, after this term, they will be no longer reserved and may be offered to other customers.
Advance Purchases may be available for certain Products from time to time, so The Customer will have the possibility of making Advance Payment and receive her/his purchased item in priority. This will happen once ROMEO MERINO e-commerce warehouse has received stock. ROMEO MERINO will only deliver priority stock for orders scheduled. However, regarding Advance Purchases or any other purchase at ROMEO MERINO, all Customers rights are the same.
As an alternative, The Customer may only choose to receive the notification of the selected Products arrival through email.
Due to production matters or quality verification issues by the time the order is received into stock, ROMEO MERINO may be unable to deliver some specific Advance Payment Products. In case it occurs, ROMEO MERINO will notify The Customer by email and will proceed to refund the Advance Payment to her/his registered credit/debit card within thirty days of being advised of the ordered product unavailability.
If The Customer has registered an email for notification of the arrival of a specific Product on ROMEO MERINO’s site, ROMEO MERINO will attempt to notify The Customer through this channel within 48 hours of the specific Product becoming available to purchase. Please be aware that certain ROMEO MERINO products may be sold out during this period due to high demand.
ROMEO MERINO will store a record of The Customer transactions for a minimum of one year.
PRICING POLICYThe prices displayed on the Site are quoted in U.S. Dollars and don´t include taxes. If The Customer is shipping within the USA, local sales tax will be charged on all orders (where applicable).
The Customer is responsible for paying any governmental taxes related to the use of the Site or the purchase of any product or service through the Site, including sales, use, and excise taxes (excluding only taxes on ROMEO MERINO’s net income).
The applicable tax will be added to the Customer’s billing account insofar as ROMEO MERINO is obligated to collect such taxes.
Prices are subject to change.
The price applicable to The Customer order will be the current price at the time The Customer´s order is accepted.
Due that all ROMEO MERINO prices are in US Dollars, if The Customer uses a debit/credit card nominated in a different currency, the price will be calculated with the applicable exchange rate on the day of the transaction.
ROMEO MERINO may commit involuntary errors or mistakes in the pricing of products. If any mistake occurs in The Customer’s order, ROMEO MERINO will let him/her know as soon as possible, without any obligation to fulfill an order with such mistake. In this case, The Customer can choose between the payment with the right price or to cancel the order. In the last event, ROMEO MERINO shall refund the full amount as soon as possible.
PRICE ALIGNMENTWhen Sales period arrives, ROMEO MERINO offers Sale Price Alignment on products purchased up to 7 days previous to the commencement date of a sale. However, it is essential to note that the exact size and/or style of any product must be available for purchase insofar as the Customer request is made before any adjustment in the sale price.
All Sale Price Alignment will be credited to The Customer as store credit which will have a expiry date of 12 months.
Regarding Price Alignment, once a product has been purchased in sale or at any discounted price, no price alignment will be applicable if the product price is further marked-down.
ORDER CONFIRMATION – ORDER ACCEPTANCEThe Customer’s order will be confirmed, once The Customer has made his/her choice and his/her order has been placed, through an email.
The Customer’s order will be accepted upon completion of the packing, so The Customer will receive an email containing his/her tracking number and confirming that The Customer’s order has been dispatched.
The sale contract is therefore concluded in the State of Florida, USA, and the language of the contract is English. Only ROMEO MERINO has the authority to accept an order on its behalf.
ROMEO MERINO reserves the right not to accept The Customer’s order at its sole discretion, and/or to process a transaction for any reason or refuse service to anyone at any time, without any liability.
PAYMENTROMEO MERINO may use a third-party payment processor to process credit/debit card transactions made through the Site.
ROMEO MERINO will clearly advertise payment methods on the site and reserve the right to up-date them from time to time. In each case The Customer must follow the steps shown in the site. Only when the transaction is confirmed the transaction will be complete.
If a Product is no longer available and The Customer paid for it, ROMEO MERINO will let her/him know as soon as possible, and ROMEO MERINO will not charge any amount for the Product nor of any tax, shipping or handling cost to the Customer credit/debit card.
Once The Customer registers as a ROMEO MERINO user, we will securely store his/her credit/debit card details.
ROMEO MERINO efforts on making the Site secure establishing that all credit/debit card transactions are processed through Shopify Paymentech, a secure online payment getaway that encrypts all cards details in a secure host environment and allows to process transactions that only The Customer, as card holder, can initiate. In addition, ROMEO MERINO’s Site uses Secure Socket Layer (SSL) technology to make all The Customer shopping experiences safer and easier.
ROMEO MERINO will keep the orders and payment details secure but will not be responsible for any loss that The Customer may suffer if an unauthorized third party procures access to the data that The Customer provide to the Site.
ROMEO MERINO will maintain certain data that The Customer transmits to the Site for the purpose of managing the performance of the Site, as well as data relating to The Customer´s use of the Site. Although ROMEO MERINO performs regular routine backups of data, The Customer is solely responsible for all data that he/she transmits or that relates to any activity he/she has undertaken using the Site. The Customer agrees that ROMEO MERINO shall have no liability to The Customer for any loss or corruption of any data, and The Customer hereby waives any right of action against ROMEO MERINO arising from any such loss or corruption of such data.
PROMOTIONAL CODES AND COUPONS
Promotional codes, coupons and special offers from ROMEO MERINO are untransferable, cannot be exchange for cash and they are not cumulative. If provided, promotional codes must be redeemed by the date established.
INSURANCE AND DELIVERYThe Customer will own the products when ROMEO MERINO delivers the product to The Customer. All purchases during the time it is in transit until it is delivered to The Customer registered delivery address is ROMEO MERINO responsibility.
The signature to verify that the products were delivered, and responsibility was passed to the recipient is understood that it is waived for orders dispatched via the choose transport by ROMEO MERINO within the United States. The Customer agrees with ROMEO MERINO T&C, authorizing ROMEO MERINO to leave The Customer purchased Products outside the premises at the provided shipping address with no need of a signature for proof of delivery. Note that once The Customer agrees to this T&C, he/she releases ROMEO MERINO from accountability for any damage or loss that may occur from leaving his/her order paper without a signature.
ROMEO MERINO seeks to dispatch all orders within 24 to 48 business hours during business days, but delivery times on the Site are estimates and commence from the date of dispatch. In any event, The Customer purchase will be delivered within 30 days of the day on which The Customer’s order has been accepted.
ROMEO MERINO is not liable for any delay caused by an even out of it control but will let know The Customer and do its best effort to reduce the delay.
If delivery is delayed by any event outside of ROMEO MERINO’s control, we will contact The Customer as soon as possible to let The Customer knows and we will take steps to minimize the effect of the delay. If the delay exceeds The Customer’s convenience, he/she can contact ROMEO MERINO to cancel his/her order and ROMEO MERINO will refund.
REFUNDS AND EXCHANGES
The Customer can request the exchange by sending the unwanted products back to ROMEO MERINO within 15 days for an exchange on the same item in a different size, subject to the stock availability, without shipping cost. The Customer can find more details on ROMEO MERINO´s Exchange Policy.
ROMEO MERINO allows exchanges only for a different size, so if The Customer would like an exchange for another product, the procedure must be first a refund, and then The Customer can purchase the new item.
The Customer can request the refund of the products by sending the unwanted products back to ROMEO MERINO within 15 days for a refund of the value of the product only. For more information about ROMEO MERINO’s Refunds policy please visit the follow link Refund. All refunds are in ROMEO MERINO’s sole discretion.
To make the online shopping experience better and easier, ROMEO MERINO offers a flexible refund policy. We supervise the number of refunds made by The Customer(s) and flag the procedure of continued refunds, which at ROMEO MERINO’s discretion, lead to future orders being refused and/or the closure of any Customer ROMEO MERINO´s account.
ROMEO MERINO only can accept refunds for ROMEO MERINO´s products purchased in the Site. If by mistake The Customer send other products, ROMEO MERINO will let her/him know, to arrange their refund no later that 30 days after the notification. If The Customer does not instruct ROMEO MERINO, it can dispose of the products.
The conditions for Refund are:
Products must be unused, in perfect conditions and clean with all ROMEO MERINO garment tags attached.
A ROMEO MERINO product cannot be considered flawed if it is damaged or impaired as a result of normal wear, misuse or tear by accident. ROMEO MERINO products are classified as flawed if they do not fully respond to ROMEO MERINO´S quality standards.
All refunds should be requested to ROMEO MERINO before The Customer send his/her products back to its premises for easy identification and effective processing.
If The Customer notices his/her product is flawed as soon as The Customer receives it, The Customer can refund it for a refund within 5 days from the date he/she received it. If The Customer passed this term, please contact ROMEO MERINO Customer support firstname.lastname@example.org to explain his/her specific case.
Any request of Refund made by The Customer with the non-compliance of this conditions will not be accepted and will be refunded to The Customer without the possibility of a Refund.
ROMEO MERINO displays the more accurate possible the products, including colors, on the site, but cannot be responsible for the display on each The Customer´s screen.
ROMEO MERINO products in promotion and special offers cannot be refunded or exchanged.
ROMEO MERINO owns or licenses all copyright, designs, images, illustrations, trademarks and/or any other intellectual property rights shown in the Content of the Site, so they all shall remain at all times vested in ROMEO MERINO and/or are the property of their respective owners.
All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. The Customer agrees not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between The Customer and ROMEO MERINO, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to ROMEO MERINO or its affiliates, licensors, or suppliers. The use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
The Customer uses the Site at his/her own risk for the function of the site. Also, The Customer uses of ROMEO MERINO’s content is at his/her own risk.
Without notice, at any time and for any reason, ROMEO MERINO can, at its own discretion and criteria, withdraw, modify, add, or any other action regarding the content from its Site, and for any reason. These actions do not generate any liability regarding The Customer.
The Customer is responsible for all the activity on the site.
ROMEO MERINO reserves the right to deny the access to this Site, at its own discretion, at any time, without notice.
This site is for the personal non-commercial, non-exclusive, untransferable and limited personal use only of The Customer, any other use is expressly not authorized and will be under The Customer own responsibility. Any other use is forbidden, especially any regarding unauthorized access to ROMEO MERINO´s computer system or use of any aspect of the Site.
Some features of ROMEO MERINO’s site may allow The Customer to provide comments, viewing and information that may be used by other The Customers in order to contribute feedback. By posting any comment, it is established that The Customer has a full legal right to provide comments and that ROMEO MERINO can use these comments and all other persons or entities on the Site will not (a) be considered infringing any intellectual property rights of any person or entity; (b) be infringing any rights of publicity, privacy or personality of any person or entity, even if it is a result of The Customer failures to obtain consent to post personal identification information or private information about a person; (c) violating any law, act, enactment, ordinance, edict, decree, regulation and will not be reveling any confidential information from any third party.
Once The Customer submits his/her comments or any other information to ROMEO MERINO Site, The Customer grants ROMEO MERINO an irrevocable, untransferable, perpetual, worldwide license to reproduce, base on and/or modify these comments without any kind of compensation.
ROMEO MERINO will not be obliged to respond to any comments, compensate The Customer in any way for his/her comments nor maintain any comments in confidence.
ROMEO MERINO Site may include links to other resources and/or websites operated by third parties, advertisers included. ROMEO MERINO is not responsible for the accuracy, content or availability of any off-site pages or external resources and is not responsible or liable, directly or indirectly for the practices, privacy management or content of such websites, including (but not limited to) any kind of advertising, products or services from such external resources. Equally, any damage, offense or loss caused by, or related to the use or reliance on any content, services or products from external resources, will not be the responsibility of ROMEO MERINO in any case.
Even though ROMEO MERINO puts all its efforts to verify the accuracy of the information placed on its Site, it makes no express or implied warranties of total accuracy.
The Customer AGREES THAT HIS/HER USE OF THE SITE SERVICES WILL BE AT HIS/HER SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ROMEO MERINO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND The Customer USES THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROMEO MERINO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ROMEO MERINO WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM The Customer ACCESSES TO AND USES OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ROMEO MERINO´S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE BY ANY THIRD PARTY, AND ANY ERRORS OR OMISSION IN ANY CONTENT AND MATERIAL OF FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.
LIMITATIONS OF LIABILITY
In no event will ROMEO MERINO or its directors, employees, or agents be liable to The Customer or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from The Customer uses of the site, even if ROMEO MERINO has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ROMEO MERINO liability to The Customer for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by The Customer to ROMEO MERINO during the three month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion of limitation of certain damages. If these laws apply to The Customer, some or all of the above disclaimers or limitations may not apply to The Customer.
These Terms & Conditions and The Customer uses of the Site and the Marketplace Offerings shall be governed by and construed in accordance with the laws of the State of Florida.
At ROMEO MERINO`s request, The Customer agrees to fully defend, indemnify and hold harmless ROMEO MERINO, immediately at ROMEO MERINO demand, throug its officers, directors, agents, affiliates, licensors, and suppliers, from and against all possible liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C by The Customer or any other liabilities arising out of his/her uses of this Site, or the use by any other persons accessing this Site using her/his Internet account. ROMEO MERINO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by The Customer hereafter. This defense and indemnification obligation will survive these T&C and The Customer use of the Site and the Service.
DIGITAL MILLENIUM COPYRIGHT ACT – DMCA
ROMEO MERINO is required by the DMCA to respond to takedown notices and remove any content created and posted on the Site and that do not own the rights to.
If the content post through ROMEO MERINO Site is copyright infringement and a takedown notice from the copyright owner (author – owner of copyright content), is received, ROMEO MERINO will respond to the take down if it meets the dmca requirements:
- Electronic or physical signature of the copyrighted work owner (or authorized person).
- A description of the copyrighted work, including the URL where this infringing content is available or a copy of it.
- Contact details: email address, telephone and address.
- A statement in “good faith belief” that the work is not authorized by the copyright owner.
- A statement by the author, person who sends the takedown notice, that the information sent in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf.
ROMEO MERINO will respond to takedown notices and remove any infringing content if that content is copyright infringement, if it meets the requirements explained.
The Customer and ROMEO MERINO agree that in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of these T&C or any part of it, the party asserting the Dispute shall first try in good faith to settle such dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute.
Notice shall be sent to ROMEO MERINO at: 9590 NW 40th street RD Doral Florida 33178 United States
Notice shall be sent to The Customer at: last-used billing address or the billing and/or shipping address in The Customer online profile.
The Customer and ROMEO MERINO agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Any controversy or claim arising out of or relating to these T&C, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Arbitration shall take place in Miami, Florida, unless ROMEO MERINO elects otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida. The arbitrator shall not be bound by rulings in prior arbitrations involving different ROMEO MERINO users but is bound by rulings in prior arbitrations involving the same ROMEO MERINO user to the extent required by applicable law.
The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The Customer can elect to renounce to arbitrate by mailing ROMEO MERINO a written withdraw notice that must be postmarked no later than twenty days after the date The Customer accepts these T&C for the first time, at the follow address: 9590 NW 40th street RD Doral Florida 33178 United States. The notice must include the following information: name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the ROMEO MERINO account to which the renouncement applies. The Notice must be sign for it to be effective. The rest of the T&C will continue to apply.
CALIFORNIA USERS AND RESIDENTS
In any case if any complaint is not satisfactorily resolved, The Consumer can contact the Customer Service Department in writing at email@example.com or 9590 NW 40th street RD Doral Florida 33178 United States.
These T&C and any policies or operating rules, including the Private Policy, posted by ROMEO MERINO on the Site or in respect to the Site constitute the entire agreement and understanding between ROMEO MERINO and The Customer.
ROMEO MERINO´s failure to exercise or enforce any right or provision of these T&C shall not operate as a waiver of such right or provision. These T&C operate to the fullest extent permissible by law. ROMEO MERINO may assign any or all of its rights and obligations to others at any time. ROMEO MERINO shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.
If any provision or part of a provision of these T&C is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these T&C and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between The Customer and ROMEO MERINO as a result of these T&C or use of the Site.
The Customer agrees that these T&C will not be construed against ROMEO MERINO by virtue of having drafted them.
The Customer understands and accepts that ROMEO MERINO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. In any case, it is ROMEO MERINO´s discretion the right to revoke these exceptions.