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Introduction

Welcome to MARIO HERNANDEZ (MARROQUINERA USA), MARIO HERNANDEZ is an online retailer committed to providing you high quality MARIO HERNANDEZ designer products.

By using MARIO HERNÁNDEZ (including MARIO HERNANDEZ US.com and its related sites, services and tools), you agree to these Terms and Conditions (“User Agreement” or “Agreement”) and to the related Privacy Policy for MARIO HERNÁNDEZ and the websites of our subsidiaries and international affiliates. This Agreement is effective on May 31, 2017, for current users and for new users upon acceptance.

Site Use

By using this website, you declare and guarantee that you either are at least 18 years of age or are visiting the website under the supervision of a parent or legal guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the website and to display the website on your internet browser for the sole purpose of shopping for products sold on it and not for any other commercial use or use on behalf of any third party. Any breach of this Agreement shall result in the immediate termination of the license granted in this paragraph without previous notice. MARIO HERNÁNDEZ reserves the right to modify this User Agreement and the Privacy Policy at any time. You are responsible for checking the site from time to time to review any changes and you will be responsible to comply to any changes.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, rent, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this website or any portion of it unless expressly allowed by us in writing. You may not make any commercial use of any of the information provided on the website or make use of the website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limiting to, if we believe that customer conduct violates applicable law or is against our interests.

You shall not upload to, distribute, or otherwise publish through this website and its related websites any Content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could open precedent to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful coding.

Payments

You can pay for products over the Internet on our website. You can do so using a credit card on PayPal. VTEX will hold the credit card information in our system, compliant to PCI (https://www.pcisecuritystandards.org/), and have future purchases default to the same form of payment. Your account will be charged upon placing the order.

In providing you with online payment platforms, we select well known third party fulfilment, payment processing and transaction service providers.

platform provided by MARIO HERNÁNDEZ you waive all claims against MARIO HERNÁNDEZ arising from actions, inactions, negligence or intentional torts committed by the Third-Party Processor. In using the payment platform, we urge you to familiarize yourself with their terms and conditions and privacy policies. If you become aware of any problems with any of the Third-Party Processors, please let us know.

Shipping

Shipping rates will be listed when you process your purchase and before you finalize the order. These shipping charges vary from time to time so please review them carefully. Shipping fees are subject to change at any time under MARIO HERNÁNDEZ discretion and without prior notice.

Prohibited Conduct

While using MARIO HERNÁNDEZ websites, services and tools, you will not:

• Post content or items in an inappropriate category or areas on our websites.

• Use our websites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our websites or services.

• Post information regarding competing products.

• Circumvent or manipulate our fee structure, the billing process, or fees owed to MARIO HERNÁNDEZ

• Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).

• Infringe the intellectual property of MARIO HERNÁNDEZ or of any third party.

• Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off the websites or using it for purposes unrelated to MARIO HERNÁNDEZ).

• Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.

• Transfer a MARIO HERNÁNDEZ account to another party without our consent.

• Distribute viruses or any other technologies that may harm MARIO HERNÁNDEZ, their interests, or property of MARIO HERNÁNDEZ users.

• Copy, modify or distribute rights or content from the MARIO HERNÁNDEZ websites, service or tools or MARIO HERNÁNDEZ’s copyrights and trademarks.

• Harvest or otherwise collect information about users, including email addresses, without their consent.

Electronic Communications

When you use any MARIO HERNANDEZ service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement as if the communication were in writing.

Privacy

Your use of our sites is subject to our Privacy Policy. Please review the policy to learn more about what information we collect. Privacy Policy

Notice for Claims of Intellectual Property Violations Pursuant to Section 512(c) of Title 17 of the United States Code

We take claims of intellectual property violations or copyright infringement related to content posted on our websites very seriously. If you believe, in good faith, that someone on our website has committed a violation of United States Digital Millennium Copyright Act., that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you can provide MARIO HERNÁNDEZ´s designated agent with the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.

2. Identification or description of the copyrighted work or other intellectual property that you claim has been infringed including any registration numbers related to the work and a copy of the registration certificate with specimen identifying the work. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (e.g. trademark, trade secret or patent).

3. Identification or description of where the alledgedly infringing material is located on the MARIO HERNÁNDEZ’s website, with enough detail that we may find it on MARIO HERNÁNDEZ´s website.

4. Your address, telephone number, and email address.

5. A statement, written by you, that you believe, in good faith, that the use of such material is not authorized by the copyright or intellectual property owner, its agent, or the law.

6. A statement from you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

MARIO HERNÁNDEZ ´s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

MARIO HERNÁNDEZ has implemented a policy that provides the limitation, suspension or termination of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of MARIO HERNÁNDEZ and/or others.

Abuse Report

MARIO HERNÁNDEZ and the MARIO HERNÁNDEZ user community work together to keep our webites and services working properly and the user community safe. Please report problems, offensive content, and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our websites and their content, and take technical and legal measures to keep users off the sites if we think that they are creating problems or legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-MARIO HERNÁNDEZ transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be second offenders on infringing intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue MARIO HERNÁNDEZ websites or services.

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to MARIO HERNANDEZ, its licensor, or its affiliates. The collection, arrangement, and assembly of all Content on this site (the "Compilation") belongs exclusively to MARIO HERNÁNDEZ, its licensor or its affiliates. All software used on this site (the "Software") is the property of MARIO HERNÁNDEZ, its licensor or its affiliates. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. MARIO HERNANDEZ and other logos, slogans, trade names or trademarks that appear on the MARIO HERNÁNDEZ site or on MARIO HERNÁNDEZ branded products are registered trademarks, trademarks or service marks of MARIO HERNÁNDEZ, its licensor or its affiliates. The use of any of our trademarks or service marks, or confusingly similar imitations thereof, including but not limited to use on products or services, without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

MARIO HERNÁNDEZ Fees and Services

We may choose to temporarily change the fees for our goods and services for promotional events, and such changes are effective when we post the temporary promotional event or new service on the websites. Unless otherwise stated, all prices are in U.S. Dollars. You are responsible for paying all prices and applicable taxes associated with products that you purchase in a timely manner with a valid payment method. If your payment method fails, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) If we are forced to take any legal actions for failure to process payment, fully or partly, the prevailing party in the action will be entitled to the attorney’s fees and costs incurred, including but not limited to any demand letters, pre-litigation legal services, lawsuits, arbitrations, mediations, and appeals.

Posted Content

When you post content to the websites in the form of images, reviews, comments or recommendations, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media

Return Policy

You may return an item for a full refund at any time within 30 days of purchase given it is in original condition and satisfies our return policy requirements. Once you contact our service department, you will be provided a return authorization. Once the item is received by us it will be examined. If the product is accepted for refund your refund will issue promptly. If the item is not authorized for refund we will contact you, explain the reason and return the product to you. Notwithstanding the foregoing, customized items are not eligible for return and refund.

Risk of Loss; Other Terms of Sale

The risk of loss and claim for items purchased by you pass to you upon our delivery of the items to the carrier. We do not take claim to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take claim to the refunded item.

Product Guarantee

Each MARIO HERNÁNDEZ product listing will state whether the product comes with one (1) year limited guarantee. The specific conditions and coverage of the guarranty will be in the website’s FAQ section or on the product hang tag. Please review carefully before purchasing if it is a part of your purchasing decision. Guarantee cases are reviewed on a case by case basis.”

The Limitation of Liability

This site and the transactions conducted through it are provided by us on an "as is" basis. You will not hold MARIO HERNÁNDEZ responsible for third party content, misconduct, actions or inactions. You acknowledge that while we value and seek to safeguard our customer’s information, MARIO HERNÁNDEZ is not responsible for the actions of third parties who steal the information without authority. We cannot guarantee continuous or secure access to our websites or services, and operation of our websites or services may be interfered by numerous factors outside of our control.

To the full extent permissible by applicable law, except to the extent otherwise stated in these terms, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our websites, services and tools. In addition, to the maximum extent permitted by law, we will not be liable for any damages of any kind arising from the use of this website, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. If your jurisdiction does not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you.

Robot, Spider, Scraper, usage Prohibited

The websites contain robot exclusion headers. Much of the information on the websites is updated on a real-time basis and is proprietary or is licensed to MARIO HERNÁNDEZ by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not:

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of MARIO HERNÁNDEZ and the appropriate third party, as applicable.

• Interfere or attempt to interfere with the proper working of the sites or services, or any activities conducted on or with the websites or services.

• Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the websites.

User Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the MARIO HERNÁNDEZ Privacy Policy which is incorporate hereto and made a part hereof. We urge you to review the privacy policy with care Privacy Policy. We view protection of users’ privacy as a very important principle.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to, or arising out of, your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notice

Except as explicitly stated otherwise, legal notices shall be served on MARIO HERNÁNDEZ at the address below or to the email address you provide to MARIO HERNÁNDEZ during the registration process (as appropriate). Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

FAQ

For your convenience, we provide a Frequently Asked Questions explanation that can be found here. While we provide the FAQ for informational purposes to the extent that if, there is any disagreement between the FAQ and these Terms and Conditions or the Privacy Polity, the Terms and Conditions and Privacy Policy will prevail.