These terms and conditions (the “Terms and Conditions”) are entered into by and between you (“you” or “your”) and Meli Melo, Inc. (“Meli Melo,” or “we,” or “us” or “our”) and govern your access to and use of the website located at www.melimelo.com
(the “Website” of “Site”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. By using the Website you agree to comply with and be bound by, the following Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Website.
On receipt of your order, you will automatically receive an order confirmation by email confirming that we are able to send you the goods you have ordered, the price you paid, delivery charges and the estimated delivery date. No contract shall come into existence until we have accepted your order. You must immediately check the details contained in the order confirmation and we advise you to print and keep a copy of it for your records. We reserve the right at our absolute discretion to accept or reject any offer. All prices and offers are subject to change.
Your statutory rights are not affected by these Terms and Conditions. In particular, if you are a New Jersey resident, nothing is these Terms waives any rights you may have under New Jersey Truth in Consumer Contract, Warrant, and Notice Act (“TCCWNA”), including any indemnification provision, and including any provision that is specifically barred in New Jersey. We have taken great care to ensure that the items on the Website are presented as accurately as possible. However, color clarity will depend upon your own personal monitor. Each leather, scarf, or other item can differ slightly in color and we therefore cannot guarantee that the color of the actual item is absolutely accurate. All products are subject to availability, and although we make commercially reasonable efforts to have stock on hand for all items shown on the Site, we do not guarantee availability at the time you place your order. We will inform you as soon as reasonably possible in the event the goods you have ordered are unavailable. In the event the goods you have ordered are unavailable, a full refund will be offered. Products sold on this Website are warranted for the common and usual purpose, and used at the risk of the end users. Some products if used incorrectly or in the wrong may cause undue or unnecessary harm- please be aware of this and use caution in using our products correctly. The customer who buys our Meli Melo
products should use them in a safe manner and should be aware that incorrect use may cause harm or distress, for which the customer agrees to hold harmless
Meli Melo by agreeing to purchase from the Website. DELAY OR FAILURE TO PERFORM
We shall not be liable if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation): an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); failure by you to give us a correct delivery address or notify us of any change of address.
We will inform you of any such unforeseen event or of force majeure within seven days of its occurrence. Should this interruption continue beyond a period of two weeks, you will be entitled to cancel the order, and a refund will be made in accordance with these Terms and Conditions. ALTERATION OF TERMS
You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website. PERSONAL DETAILS
This Site is dedicated to offering fashion, including signature bags, handbags, accessories including housewares, and other consumer goods. Your use of this site should be for the purposes of viewing these products, purchasing these products, or interacting with us or others who share your interest in these products. Your permission to use this Site does not give you any ownership or other rights to any of the content on this Site. Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all of these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
In addition, and without limitation, you must not:
(a) republish material from the Website (including republication on another website);
(b) sell, rent or sub-license material from the Website;
(c) reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
(d) edit or otherwise modify any material on the Website; or
(e) redistribute material from this Website (except for content specifically and expressly made available for redistribution).Acceptable use
This website should be used in the common and usual manner that websites devoted to selling branded merchandise are used. You must not use the Website in any way that is intended to cause, causes, or may reasonably cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent. You must not use the Website to transmit or send unsolicited commercial communications. You must not use the Website for any purposes related to marketing without our express written consent. PASSWORDS
If we provide you with a user ID and password to enable you to access any portion of the Website, you must ensure that that user ID and password is kept confidential. You are solely responsible for keeping your user ID and password secure, and you will be responsible for all actions taken using your user ID and password. We may disable your user ID and password in our sole discretion without notice or explanation. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.User generated content
From time to time, you will have the option to post your user content on the Site. Similarly, we may ask you to post user content on various social media sites using special hashtags we’ve requested. In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Website or hashtag with specific words requested by us, so that we will see it, for whatever purpose. You are not obligated to post user content on the site, however, should you post user material on the site or in a public manner pursuant to a promotion request by Meli Melo, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights. You represent and warrant that you own or control all rights in and to your user content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. You warrant that any user content you post is not illegal or unlawful, does not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). Your user content must also be appropriate, civil, tasteful and in accord with generally accepted standards of good taste.
You must not use the Website to link to any website or web page consisting of or containing material that would, were it posted on the Website, breach the provisions of these Terms and Conditions. You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We do not regularly check user content or monitor the Site, reserve the right to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon the Website. Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Website.EXTERNAL LINKS
External links may be provided for your convenience, but they are beyond the control of and no representation is made as to their accuracy and content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the express prior written permission of Meli Melo. Please contact us if you would like to link to this Website or would like to request a link to the Website. LIMITATION OF LIABILITY
IN NO EVENT WILL MELI MELO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MELI MELO NOR ANY PERSON ASSOCIATED WITH MELI MELO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. MELI MELO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. DISPUTE RESOLUTION
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any items from Meli Melo
shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of the State of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in New York, New York, and all applicable provisions of this section shall apply. INDEMNIFICATION
You agree fully to defend, indemnify and hold harmless Meli Melo, its directors, officers, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including but not limited to any use of the Website’s content, services and products other than expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. Assignment
We may sub-contract, assign, delegate or otherwise transfer our rights, remedies and obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not sub-contract, assign, delegate or otherwise transfer your rights, remedies and obligations under these Terms and Conditions, without our express written consent. ENTIRE AGREEMENT
The Terms and Conditions (as amended from time to time) constitutes the entire agreement between you and Meli Melo regarding your use of this Website, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and
Meli Melo in relation to such matters. SEVERABILITY
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be deemed to be deleted and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. TRADEMARKS
The Meli Melo
trademark and all other trademarks, images, and logos which appear on the Website and our products, accessories and packaging, whether registered or not, are and remain the exclusive property of Meli Melo and its affiliates and its and their licensors. Any reproduction, whether complete or partial, modification or use of these trademarks for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other trademark. COPYRIGHT
All of the rights in this Website (including in the content and products and pictures of the products) are owned by or properly licensed to Meli Melo, its affiliates and its and their licensors, and you agree that, as between you and us, the content of this Website and all the pictures on our Website are strictly our property, cannot be copied, reproduced, transmitted, published, displayed, distributed or commercially exploited without our prior consent, and except as provided herein. The content of this Website is only made for your personal non-commercial use. You agree not to facilitate or assist any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of our material and content without our prior consent. You further agree that you shall only use the Website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent. CLAIMS OF COPYRIGHT INFRINGEMENT Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
You must send the notice to our designated copyright agent, listed below
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. Counter-Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Notices
Our designated Copyright Agent to receive DMCA Notices is:
Meli Melo Copyright Agent
4 Bloomsbury Square
London, WC1A 2RP, United Kingdom
Telephone: + 44 0 207 745 7377
Facsimile: + 44 0 207 760 7078
Email: Jon@mwtrademarks.com GOVERNING LAW
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. COMMENTS OR QUESTIONS
Now we are done with the legal formalities! Happy shopping and enjoy your product!