Terms of Service
These Terms of Service ("Terms") govern your use of donmarcolo.us (the "Site") operated by Don Marcolo LLC ("we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms.
Acceptance of Terms
By using our website or placing an order, you confirm that you are at least 18 years old, or the age of majority in your jurisdiction, and that you agree to these Terms and our Privacy Policy.
Products and Pricing
- All prices are listed in US Dollars (USD)
- We reserve the right to modify prices at any time without notice
- Product descriptions and photos are provided in good faith; minor variations in color or print placement may occur
- We reserve the right to limit quantities and cancel orders at our discretion
- Promotional codes cannot be combined unless explicitly stated
Orders and Payment
By placing an order, you represent that the payment information provided is accurate and complete. Payments are processed through PayPal and supported card networks. We reserve the right to cancel any order that appears fraudulent or violates these Terms.
An order confirmation email does not constitute final acceptance of your order. We may cancel orders due to stock unavailability, pricing errors, or suspected fraud, with a full refund issued in that case.
Shipping and Delivery
Risk of loss and title for products pass to you once the carrier accepts the package. We are not responsible for delays caused by carriers, weather, or other events beyond our control. See our Shipping Policy for full details.
Returns and Refunds
Our Return Policy is incorporated into these Terms. Returns are accepted within 30 days of delivery for eligible items.
Intellectual Property
All content on the Site — including the DM monogram, logos, graphics, product photos, and text — is owned by or licensed to Don Marcolo LLC and protected by US copyright and trademark law. You may not reproduce, distribute, or create derivative works from it without our written consent.
Prohibited Activities
- Using the Site for any unlawful purpose
- Attempting to gain unauthorized access to our systems
- Submitting false or misleading information
- Interfering with the proper functioning of the Site
- Scraping or harvesting user data
- Using automated tools without written permission
Disclaimer of Warranties
Limitation of Liability
Eligibility
The Site is intended for use by individuals who are at least 18 years old or who have the consent of a parent or legal guardian to make purchases. By using the Site, you represent that you meet this requirement. Products in our kids sizing range, such as the DM Kids Low-Top Sneaker, are intended to be purchased by an adult on behalf of a child.
Account Information
You may check out as a guest without creating an account. If you provide contact or shipping information at checkout, you are responsible for making sure it is accurate and current. We are not liable for delayed or misdirected orders that result from incorrect information you provided.
User Content and Reviews
If you submit a product review, photo, or other content to the Site, you grant Don Marcolo LLC a non-exclusive, royalty-free, worldwide license to display, reproduce, and use that content in connection with operating and promoting the Site. You confirm that any content you submit is your own, accurate, and does not violate the rights of any third party. We reserve the right to edit, decline to publish, or remove reviews that contain offensive language, spam, or content unrelated to the product, and we only publish reviews after they have been reviewed by our team.
Promotions and Discount Codes
From time to time we may offer discount codes or promotional pricing. Promotions have specific terms, including expiration dates and minimum order requirements, which will be stated at the time the promotion is offered. We reserve the right to modify or end a promotion at any time and to refuse orders that we believe were placed to abuse a promotion.
Third-Party Links and Services
The Site may link to third-party websites or services, including payment processors and shipping carriers, that are not owned or controlled by Don Marcolo LLC. We are not responsible for the content, policies, or practices of any third-party site. Your use of any third-party service is governed by that party's own terms and privacy policy.
Indemnification
You agree to indemnify and hold Don Marcolo LLC, its owners, and employees harmless from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms or your misuse of the Site.
Force Majeure
Don Marcolo LLC is not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, labor disputes, carrier delays, or supply shortages.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, and Return Policy, constitute the entire agreement between you and Don Marcolo LLC regarding your use of the Site and supersede any prior agreements between you and us on this subject.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver of a provision will only be effective if made in writing and signed by an authorized representative of Don Marcolo LLC.
Electronic Communications
By using the Site or placing an order, you consent to receive electronic communications from us, including order confirmations, shipping updates, and responses to inquiries. You agree that any notices, agreements, or other communications we provide electronically satisfy any legal requirement that such communications be in writing.
Notices
Any notice required under these Terms may be sent to you at the email address associated with your order. Notices to Don Marcolo LLC should be sent to help@donmarcolo.us.
Feedback
If you send us ideas, suggestions, or feedback about our products or Site, you agree that we may use that feedback without any obligation to compensate you and without any obligation to keep it confidential. We appreciate the input — a number of items in our current catalog started as a customer suggestion.
Third-Party Beneficiaries
Except as expressly stated in these Terms, these Terms do not create any rights for any third party, and no third party has any right to enforce any provision of these Terms.
Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations in your use of the Site and any products purchased through it.
Headings
Section headings in these Terms are included for convenience only and have no legal or contractual effect. They do not limit or otherwise affect the interpretation of any provision contained within that section.
Survival
Provisions of these Terms that by their nature should survive termination of your use of the Site, including intellectual property, disclaimer of warranties, limitation of liability, and indemnification, will survive.
Governing Law
These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Lycoming County, Pennsylvania, and you consent to the personal jurisdiction of those courts.
Changes to Terms
We may update these Terms from time to time to reflect changes in our business practices or applicable law. When we make material changes, we will update the "Last updated" date at the top of this page. Continued use of the Site after changes are posted constitutes acceptance of the new Terms.
Contact
Questions about these Terms? Contact us at help@donmarcolo.us.