Terms & Conditions

  1. ACCEPTANCE OF THESE TERMS AND CONDITIONS

Please read these Terms and Conditions (the “Terms”) carefully because they are legally binding on you even if you are simply browsing Yourmadeinitaly.com (the “Site,” “us,” “we” or “our”) without making a purchase or contacting us. The Site is controlled by MKN Italy, LLC., a Florida limited liability company. These Terms were last updated on September 29, 2014. We may revise these Terms from time to time in any way we see fit without prior notice to you. Your continued use of the Site after we have posted the revised Terms constitutes your acceptance of the changes. Therefore, please check this page periodically to take notice of any changes we made. If you do not want to accept and agree to these Terms and Conditions, you must exit the Site.

  1. INTELLECTUAL PROPERTY
  1. Intellectual Property. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by the U.S., Italian and international copyright, trademark, trade secret and other intellectual property and proprietary rights laws. You shall not copy, reproduce or replicate any Intellectual Property so as to cause confusion to the public as to the ownership or identity of the Site, the source of its content, or to adversely affect the brand image, reputation, sales and business of the Site.
  2. License to Your Content. Users may submit content such as product reviews, articles, images, design specifications, etc. By submitting any content, you hereby grant us and each user of the Site a non-exclusive license to access your content through the Site, and to use, reproduce, distribute, display and perform your content as permitted through the functionality of the Site and under these Terms and Conditions. We do not use your content for advertising purposes, however, search engines such as Google will index this information to make it appear in search queries.
  3. DMCA. We respect the intellectual property rights of others and require our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Website if such claims are reported to our designated DMCA Copyright Agent at privacy@yourmadeinitaly.com. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
  1. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
  1. YOUR USE OF THE SITE, ITS CONTENT AND ANY PRODUCTS OBTAINED THROUGH IT IS AT YOUR OWN RISK. ITEMS OFFERED FOR SALE THROUGH OUR SITE ARE HANDMADE AND UNIQUE. THEREFORE, SOME VARIATIONS FROM ITEM’S PHOTOGRAPHS ON THE SITE ARE TO BE EXPECTED. WE DO NOT GUARANTEE THAT ANY PRODUCT DESCRIPTIONS OR OTHER INFORMATION PROVIDED ON THE SITE IS COMPLETE, ACCURATE OR UP-TO-DATE. WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR EMPLOYEES, 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 SITE, ANY SITES LINKED TO IT, OR ANY ITEMS OBTAINED THROUGH THE SITE, 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. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
  2. UNDER NO CIRCUMSTANCES WILL THE SITE BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS ACTUALLY PAID FOR A DEFECTIVE ITEM. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST US MORE THAN FOUR MONTHS AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
  3. IN THOSE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR MAXIMUM LIABILITY IS THE MINIMUM PERMISSABLE UNDER THE LAW OF THAT JURISDICTION.
  1. PRODUCT WARRANTIES

Two (2) Years Limited Warranty, unless expressly stated otherwise in the products listing or description.
Please read conditions and exclusions here.

  1. DISCLAIMERS RELATED TO CUSTOM DESIGN
  1. When you order a tailored item, such as a jacket or suit, we are not responsible if you give us incorrect measurements.
  2. We are not responsible if you lose or gain weight after having placed an order, and if, by the time the product arrives, it does not fit any more.
  3. You must possess sufficient intellectual property rights in and to the designs that you order. Normally, that means the design must be created by you or used with the copyright holder’s permission. You, and not we, remain responsible for all the designs you submit. We have no obligation to screen any submitted designs for intellectual property rights infringement.
  4. We can decline all orders to embroider or airbrush any item if the ordered words, phrases or logos contain any of the following:
    1. Profanity;
    2. Inappropriate slang;
    3. Insulting or discriminatory content;
    4. Content construed to incite violence;
    5. Material that we wish not to place on our products;
    6. Content that violates another party’s trademark or intellectual property rights. That may include words, phrases, celebrity names, professional sports teams, and even certain color combinations when used with particular words or geographic designations.
  1. YOUR RESPONSIBILITIES

By using this Site, you represent, warrant and agree that:

  1. If you place an order, you have a full capacity to form a legally binding contract.
  2. You will provide a valid payment method information when necessary and pay all sums due when due.
  3. The title to the items purchased does not transfer to you until we have received payment in full.
  4. The risk in the goods passes to you upon delivery. You will inspect items purchased prior to use.
  5. Our maximum liability with respect to any item sold will be limited to replacing the defective item or refunding payment made. In no event will we be liable for indirect, incidental or consequential damages.
  6. Our Site may contain typographical errors or technical inaccuracies.
  7. You will use items purchased only in accordance with manufacturer’s specifications.
  8. All content you submit to or Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site. Submission of untruthful product reviews, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
  9. Our Site content may not be copied for republication, either online or on paper, without prior express written permission from MKN Italy, LLC.
  10. You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
  11. You will not access our Site in order to gain a competitive advantage.
  12. You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
  13. All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms and Conditions.
  14. You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
  15. We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
  1. REMEDIES FOR BREACH
  1. We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms and Conditions, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms and Conditions or available under equity or law.
  2. Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Site, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or in connection with (i) any content you submit to us, including without limitation, designs, specifications, product reviews and images, (ii) your breach of these Terms, any law or regulation, and (iii) your infringement of any intellectual property or privacy right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims between you and us.

  1. RETURN POLICY
  1. All items are handmade and unique. Whilst every effort will be made to emulate the product shown in the photograph, some variation is to be expected, e.g. slight variations in colors due to the differences in computer monitor calibrations, textures, patterns, styles of button, badge, etc. Such variations are part of the manual production process and not a valid reason for return. In the event the product is listed at the incorrect price, we reserve the right to reject or cancel any order.
  2. We approve returns only if we shipped an item in error or if the item was defective when shipped, and only if you contact us within five calendar days after receiving an item. When contacting us, please include a detailed description and photos of defect(s).
  3. It is important that you inspect your shipment thoroughly before accepting and signing for your merchandise; after you sign for the merchandise you are responsible for filing all claims with the shipper. You must check for both internal and external damage before you accept delivery.
    If you notice your product is damaged, or the seal is broken, refuse the package and note the damage on the bill of lading. Also if possible take a picture of the damaged package.
    After you sign for the package you are responsible for damages.
  4. If we approve the return, we will provide you a return number and an address for return. Goods will only be accepted for return if they are sent within 14 days of delivery, unless we have notified otherwise. Returned items should be unused and must be returned with original packaging, tags, dust bags and any enclosed documentation. Shipping cost is non-refundable, unless we ship an item in error. We are not responsible in case you provide an incorrect shipping address.
  1. GOVERNING LAW; ARBITRATION
  1. The Site is controlled by MKN Italy, LLC., a Florida limited liability company. Only Florida residents are eligible to purchase products from our Site. By accessing the Site, you agree that all matters relating to the use of the Site shall be governed by the laws of Florida without regard to its conflict of laws principles which would result in application of any other law. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
  2. The place of arbitration shall be Tampa, Florida. The arbitration shall be governed by the laws of Florida. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
  1. MISCELLANEOUS
  1. Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
  2. Hyperlinks. You may link to our Site, as long as this is done in a fair way that is not detrimental to our reputation or business interests and does not suggest any form of association where there is none. You cannot frame our Site on any other site. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
  3. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under the Terms, at our sole discretion, without obtaining your consent.
  4. Severability. Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
  5. No Waiver. Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
  1. ENTIRE AGREEMENT

This agreement sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. This agreement supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations and warranties, whether oral or written, of any party to this agreement.

  1. WRITTEN MODIFICATION

This agreement may be amended or modified only by a writing executed by both parties.

  1. CONTACT US

Please direct your questions, comments or concerns to: info@yourmadeinitaly.com