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Please read the following Terms of Use carefully before using this site. All users of this site agree that access to and use of this site is subject to the following Terms of Use and applicable law. Stella Di Mari’s failure to enforce any provision of these Terms of Use will not be construed as a waiver of any such provision.

You may visit this site without registering an account with us. However, to enjoy the full benefits of our website, you must go through the account registration process.

By using this site or registering an account, you acknowledge and agree that you are at least 18 years of age, or are using the site under the supervision of a parent or guardian, and that you are legally able to enter into this agreement.

If you do not agree to these Terms of Use, please do not use this site.

It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you.

Section 1. License

We grant you a limited license to access and use the site for your personal use, and to copy, distribute, and transmit the content of this site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the site for your personal use. This license does not include (i) any resale or commercial use of this site or its contents; (ii) any collection and use of any product listings, or descriptions; (iii) any derivative use of this site or its contents; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or data gathering and extraction tools.

Except as permitted above, this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Stella Di Mari. You may not use any meta tags or any other “hidden text” utilizing Stella Di Mari’s name or trademarks without the express written consent of Stella Di Mari. Any unauthorized use terminates the permission or license granted by Stella Di Mari.

We reserve the right to change any information, features and functions of the site without prior notice. We may refuse service, terminate accounts or deny access to any or all parts of this site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Use, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.

Section 2. Account Registration

To register an account, you will need to provide your valid email address and create a password. Each time you use your password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with these Terms of Use and Stella Di Mari has no obligation to investigate the authorization or source of any such access or use of the site.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

You are solely responsible for protecting the security and confidentiality of your password and identification. You will immediately notify Stella Di Mari of any unauthorized use of your password or identification or any other breach or threatened breach of this site’s security.

As an account holder, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you other notices by email.

To cancel your account, please contact us at: This email address is being protected from spambots. You need JavaScript enabled to view it.

Section 3. Billing and Payments

 

You may be charged local tax, if applicable. [If your payment method is declined, we will attempt to process your charge during the month until the transaction is approved. If we are unable to complete your charge, we may contact you directly to update your account information.]

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

If you would like to exchange or return a product, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

For further details, please see SHIPPING & RETURNS.

Section 4. Trademarks and Copyright

This website contains many trademarks, trade names, service marks, copyrights or logos of Stella Di Mari and may also contain protected marks of third parties. Such marks remain the property of their respective owners. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this site, any right, title, or interest in the marks. You agree that you will not change, modify or exploit these marks, nor participate in any activity, which modifies or exploits such marks. All rights to these marks are reserved. Any use of these marks without expressed written authorization is strictly prohibited.

Section 5. Prohibited Use

Any use of this site for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; or (v) activities that infringe upon any legally protected property right, etc. By using this site, you agree that any and all information transmitted to or with the use of this site cannot and will not be deemed confidential or proprietary. Stella Di Mari reserves the right to monitor transmissions and investigate any alleged prohibited use of this site and to disclose any and all information relating to such prohibited use. Stella Di Mari, its officers, directors, affiliates, employees, agents, partners, subsidiaries and contractors will not assume, and expressly disclaims, any and all liability relating to any individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service or any other action Stella Di Mari determines appropriate under the circumstances.

Section 6. Links to Other Websites

Our website may contain links to other sites for your convenience and information. These sites are independent of Stella Di Mari’s site and Stella Di Mari does not and cannot control the content or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by Stella Di Mari. The inclusion of a link does not mean that Stella Di Mari accepts or endorses any of the content contained in such site. You are responsible for protecting yourself while associating with the linked sites. Stella Di Mari, its officers, directors, affiliates, employees, agents, partners, subsidiaries and contractors disclaim any and all responsibility and liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

Section 7. Typographical Errors and Modifications

This website may contain typographical errors or technical inaccuracies. Stella Di Mari reserves the right to modify the content of this website at any time without prior notice. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Stella Di Mari will have the right to refuse or cancel any orders placed for any product listed at the incorrect price. Stella Di Mari will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, Stella Di Mari will immediately issue a credit to your credit or debit card account in the amount of the charge.

Section 8. Privacy

Your consent to any personal information we may obtain about you (either via this site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of our privacy policy. Stella Di Mari may update its privacy policy from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.

Section 9. Severability

If any provision contained in these Terms of Use is held to be unenforceable under applicable law, such provision will be appropriately limited in its scope. If any such limitation is not feasible, such provision will be excluded from these Terms of Use and the balance of these Terms of Use will be enforceable.

Section 10. Entire Agreement

These Terms of Use constitute the full and entire understanding and agreement between the parties pertaining to the specific subject matters hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matters.

Section 11. Warranties and Limitation of Liability

STELLA DI MARI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL PRESERVE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.

Section 12. Force Majeure

Notwithstanding any other provision set forth in these Terms of Use, Stella Di Mari will not be liable for any failure or delay in its performance due to any cause beyond Stella Di Mari’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, act of terrorism, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strike, lockout, work stoppage or other labor difficultY, industry-wide supplier failure, unavailability of materials, rights of way or governmental act; provided, that Stella Di Mari will use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

Section 13. Indemnification

You hereby agree to indemnify, defend, and hold harmless,Stella Di Mari, its officers, directors, affiliates, employees, agents, partners, subsidiaries and contractors from and against all claims, actions, suits, demands, costs and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this website. Stella Di Mari has the right to control any defense pertaining to this section.

Section 14. Relationship

Nothing in these Terms of Use is intended to, or will be construed to, constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party will have the right or authority to act for or on behalf of the other party.

Section 15. Governing Law

These Terms of Use will be governed by, construed, and enforced in accordance with the laws of the State of Florida, United States of America, without regard to any choice of law principles. The jurisdiction and venue for actions related to the subject matter hereof shall be the Florida state and United States federal courts located in the City of Florida, and both parties hereby submit to the personal jurisdiction of such courts.

Section 16. Survival of Terms After Agreement Ends

Notwithstanding any other provision of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

 

Effective Date: November 22, 2015