Terms Of Use &
Conditions Of Sale
Please read these terms of use and conditions af 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.
Return &
Warranty Policy
Returning an item is easy with Mel Boteri. If you have ANY questions about our process, please email customerservice@melboteri.com or call +1.404.259.9196 prior to placing your order.
We know you will love your MEL BOTERI, LLC accessories. However, if for any reason you are unhappy with your order, you may return your piece(s) within 7 business days of receiving the product(s). Contact customerservice@melboteri.com, and please reference your order number so that we can get back to you promptly. All accessories must be unused, in the original packaging, and in the condition in which you received them.
RETURNS
Your refund will be credited (less shipping) to the original purchaser's credit card once you have returned your item(s) and they have been inspected and approved for a refund. If your order has been sent to a destination within the US, all sales taxes will be refunded. Outside of the US, custom duties and sales taxes are non-refundable through Mel Boteri, LLC. However, you may be able to recover these by contacting your local customs bureau directly.
You can return your order by either visiting our showroom (please call +1.404.259.9196 to set up an appointment), scheduling a pick-up (if you are in the Atlanta area) or by shipping the product(s) to our showroom using the pre-paid Fedex shipping label emailed to you. For the nearest Fedex drop-off location, please visit http://www.fedex.com/locate/index.html?#start
Please note that card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
APPROVAL PROCESS FOR RETURNS
Customer is responsible for inspecting merchandise upon receipt. Customer shall notify MEL BOTERI, LLC in writing WITHIN 7 DAYS OF CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for damages resulting from any defect in the merchandise discovered by Customer, including, without limitation, claims related to shortages, quality, or specification. MEL BOTERI, LLC shall not be responsible for shortages when shipments are directed to a third party other than Customer. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN ANY MANNER (DYED, PRINTED, EMBROIDERED, RELABELED OR THE LIKE). MEL BOTERI, LLC shall not be responsible for fallout or loss which occurs during the garment dye process. MEL BOTERI, LLC urges Customer to periodically test the merchandise for dyability, printability and other decoration techniques.
PERSONALIZED (MONOGRAMMED) ITEMS
Personalized items are not available for returns or exchanges, unless in the event there is an error on the part of Mel Boteri, LLC i.e; misspelling
365 DAY LIMITED HANDBAG WARRANTY
All MEL BOTERI, LLC handbags are warranted against defects in material or workmanship for a period of three hundred sixty-five (365) days from the date of purchase. When possible, we will repair damages caused by a defect in workmanship within the 365-day warranty period. Valid claims will receive credit toward exchange of the MEL BOTERI, LLC product in the amount of the original purchase amount. Defective items will not be returned to customer. Certain conditions may invalidate warranty coverage. By way of example, but not all inclusive, MEL BOTERI, LLC will not issue replacement product or credit for returned accessories that have experienced: excessive wear, any type of abuse or mistreatment, damage to leather or other materials caused by lack of proper maintenance, damages arising from any alteration, service, or repair performed by any other party other than MEL BOTERI, LLC. Manufacturer’s defects and validity of all claims will be determined by MEL BOTERI, LLC in its sole discretion. Please contact us at customerservice@melboteri.com or call +1.404.259.9196.
DISCLAIMER OF WARRANTIES
EXCEPT AS DESCRIBED ABOVE, MEL BOTERI, LLC HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND MEL BOTERI, LLC AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY MEL BOTERI, LLC.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT MEL BOTERI, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MEL BOTERI, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE MEL BOTERI, LLC’S MERCHANDISE.
For any questions about this policy, please email info@melboteri.com
Security &
Privacy Policy
MEL BOTERI, LLC honors the privacy of our customers and email list members. Our ultimate agenda for collecting your information is to enhance your shopping experience. This privacy policy is intended to assist you in understanding what information we gather about you when you visit this website, how we use that information, and the safeguards we have in place for that information.
INFORMATION COLLECTION & USAGE
During the course of doing business with MEL BOTERI, LLC, we may collect information from you such as your physical address, telephone number, e-mail address, credit card number, and other data. Additionally our web server automatically records your IP address and any cookie information if applicable. We use this information to contact you and to fulfill your requests for products or services. If a third party is involved in completing our business transaction, we will share the required information with this company. Otherwise, MEL BOTERI, LLC does not sell, rent, publish or otherwise share this information with other people or companies with the following exceptions: to respond to court orders or exercise our legal rights, to prevent or take action against fraud or illegal activities, as otherwise required by the law.
AFFILIATE LINKS
For your convenience and to improve our fashion offering to you, our website may contain links allowing you to access third party sites. We occasionally include links to affiliates which earn us commissions based on sales, but in no way is our content affected by these affiliate links. Our fashion stylists strictly select items that are in line with MEL BOTERI, LLC's quality standards, value, and style. Links that appear on MEL BOTERI, LLC should not be deemed to imply that we endorse or have any affiliation with the linked websites. MEL BOTERI, LLC is not responsible for the privacy practices or the content of such websites. We encourage you to review the separate privacy policies of each site you visit in order to ascertain how they treat user information.
SECURITY
MEL BOTERI, LLC uses commercially reasonable security measures in order to protect from the loss, misuse and alteration of information under our control. All information described above is stored on restricted database servers. It is our policy not to send your credit card number via email. We designed MEL BOTERI, LLC to accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL), encryption technology. If SSL is enabled then you will see a padlock at the top of your browser and you can click on this to find out information about the SSL digital certificate registration.
This policy is subject to change at any time without notice. Any changes will be effective immediately when published on this website. For any questions about this policy, please email info@melboteri.com
Borrowing your Boteri
Here are some key guidelines to assist you in the borrowing process, but please be sure to review our full Borrowing Terms & Conditions below:
- Each handbag is professionally cleaned with each return. Your rental will therefore arrive in pristine condition, but in the case of any defects that cannot be cleaned/repaired these will be clearly noted in your rental kit.
- See complete shipping & return details below. You will also receive step by step return instructions in your rental kit when you receive your handbag.
- Our handbags get booked fast, so if you see an accessory you would like to borrow please reserve it on the respective calendar as soon as possible.
- Don't worry about keeping track of when your handbag is due. We will send you an email alert to remind you, so you can fully enjoy the time you have together with your handbag!
- Love the item!? Contact your account rep about special pricing on sample purchases!!
BORROW SHIPPING DETAILS
The shipping cost for your rental will be determined by the total value of your order. For orders less than $300, standard domestic (US) shipping is $10. For orders greater than $300, standard domestic (US) shipping is FREE. Standard domestic (US) shipping includes ground delivery services only with delivery within 3-5 business days. We do not currently offer our borrowing program internationally (outside of the US).
BORROW RETURN DETAILS
If are unhappy with your rental item, we will gladly return it for a full credit card refund (less shipping). Please ensure that all original tags are still attached to the item(s) as refunds will not be granted for items with removed tags. Refunds will be accepted for items shipped back and in transit for return within 2 (two) business days of delivery.
Please note that card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
BORROWING TERMS & CONDITIONS
1. Acceptance of Terms and Conditions
These Borrowing Terms & Conditions govern your use of the Mel Boteri, LLC lending service (the "Service"). For additional Terms Of Use & Conditions of Sale which govern the Mel Boteri, LLC website (the "Site") as a whole, please visit this page: Terms of Use & Conditions of Sale.
By joining our email list, you acknowledge and represent that you have read and understand these Borrowing Terms & Conditions and that they become a binding agreement ("Agreement") between you and Mel Boteri, LLC, you agree to receive all communications from Mel Boteri, LLC under this Agreement electronically via email, you agree to keep your current email address updated under your profile on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Borrowing Terms & Conditions and any modifications made to them from time to time.
2. Modifications to Terms & Conditions
Mel Boteri, LLC ("Mel Boteri, LLC," "Mel Boteri," "we," "us," and "our") reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Borrow Your Boteri Service to determine whether a change has been made to these Borrowing Terms & Conditions. If you do not agree to any changes in the Borrowing Terms & Conditions as they may occur, please arrange to terminate your account by (a) notifying Mel Boteri of your unwillingness to accept the changes to the Terms & Conditions by emailing customerservice@melboteri.com or calling us at 1-404-259-9196; and by (b) immediately returning all outstanding items and discontinuing your use of the Service and the Site.
3. The Borrow Your Boteri Service
The Borrow Your Boteri Service allows registered and approved members to access this reserved portion of the Site and borrow products from Mel Boteri in accordance with these Terms & Conditions. Members also agree to comply with any terms, conditions, or policies that Mel Boteri may provide to users from time to time on the site. The member can choose products to borrow from our selection online, and have them shipped to the member's address (which currently must be a US address), all of this with no limits on the number of times a member can borrow. However, we reserve the right to ask for a deposit and/or limit the number of items that a member may borrow at any time and/or to require the return of any or all borrowed items in your possession at any time and in our sole discretion.
The current daily, weekly and monthly borrowing rates are outlined in detail on the Site. By accepting the borrowing rates and borrowing period, you are acknowledging that Mel Boteri, LLC retains full ownership rights of the handbags and/or accessories borrowed.
The current shipping policies governing the delivery and return of products are also detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Mel Boteri makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped. The borrowing period begins the date of Fedex delivery scan. The risk of loss for items shipped passes to you upon delivery by Fedex. All Fedex confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact Mel Boteri immediately to place an investigation with Fedex and to temporarily suspend the borrowing period. Until the results of the investigation are received, we are not able to proceed with the resolution of a lost item.
If you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by Mel Boteri in its sole discretion, you agree that Mel Boteri may charge your credit card and collect the full retail price for such an item. You are also responsible in the event of a theft or loss of an item and therefore you will be responsible for the full retail price immediately upon notification of the loss of the item. Mel Boteri reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have borrowed.
4. Becoming a Member and Obtaining an Account
Before you can be approved to begin use of the Service, you must register through the Site to obtain an account. 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 before registering for an account. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form, and you agree to maintain and promptly update the Personal Information section of the site to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site.
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.
5. Termination
You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site for any reason and without prior notice. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without prior notice. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of your password, Account, or use of the Service or the Site.
Questions and Comments
Thank you for reading and agreeing to these Borrowing Terms & Conditions.
Please direct any questions or comments regarding the Borrowing Terms & Conditions by electronic mail to info@melboteri.com or by standard mail to MEL BOTERI, LLC at the following address:
Mel Boteri, LLC
4880 Lower Roswell Road
Ste 165 #303
Marietta, GA 30068 USA