Terms & Conditions of Marimekko North America Retail, LLC
For the marimekko.com/us_en Website
1. Intellectual Property Ownership and Use
1.1 You acknowledge and agree that the Marks, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us.
1.3 You may not use any of the Marks without our prior written permission.
1.4 All materials and content contained within the Website, including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Website, are owned by us and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
2. Infringement Notice
2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: email@example.com.
2.2 In order for us to more effectively assist you, the notification must include all of the following:
a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
b. A description of the copyrighted work or other right you claim has been infringed or violated;
c. Information reasonably sufficient to locate the material in question on the Website;
d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
3. Errors and Inaccuracies We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
4. Changes to Website or These Terms and Conditions or the Location where your information is stored
4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.
4.2 We may alter these terms and conditions from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.
4.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
5. External Sites and Resources
We are not responsible for the availability of any websites owned or controlled by third-parties, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
6. Orders, Price and Resale
Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
7. Product Information
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Website.
8. Online Services
8.1 The Website contains or may contain various interactive portions, such as a forum, message board or other types of interactive features ("Online Services"). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views of the user and not the views of us. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.
8.2 If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to firstname.lastname@example.org. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.
8.3 By using this Website, you agree that:
a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise
violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
c. You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
8.4 User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.
8.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
8.6 If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.
9. Sales, Shipping, and Returns
9.1 We accept the following credit cards: Visa, MasterCard, AMEX and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
9.2 For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
9.3 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
9.4 We will ship your order as it becomes available. Usually, products ship the same day if ordered by 5:00PM (Eastern Time), or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when a product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an
order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
9.5 We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for thirty (30) days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return thirty (30) days from the date of purchase.
9.6 We shall automatically charge and withhold all applicable sales taxes.
10.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
10.2 WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
11. Limitations on Liability
WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS AND CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
13. Investigations of Violations of These Terms
We may investigate any reported violation of these terms and conditions and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
14. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at email@example.com.
15.1 If any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
16. Contact Information
You may send us notices or communicate with us by email to firstname.lastname@example.org. As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement or receipt from us, which should be retained by you.
DATE LAST MODIFIED: April 2018
The disclosure obligation includes the obligation to disclose the method of collection and use of such data.
The goal of the disclosure obligation is to create transparency in the processes that support the user's navigation through the Internet by collecting data about the user. In addition, the provisions guarantee that the user may supervise the use of such data.
What are cookies?
Cookies are small text files stored by the browser to the user's computer or terminal when using the Internet. Cookies are used for a variety of reasons, the most common of which is the appropriate operation of a website.
With a cookie stored in the user's computer or terminal, the website can remember the user's device and collect information of the pages and functions used with the user's browser. This way companies such as Marimekko can find out how popular individual pages are or what pages are visited rarely so that they can be improved.
Providing services on the Internet practically and technically requires that the cookies are stored. For example, in electronic commerce, it is important that the website remembers the user's visit in the online store and what products the user has viewed and added to the shopping cart. The cookies also make sure that the website remembers the content of the user's shopping cart if, for example, the user navigates backward to view other products.
Cookies cannot be used for determining the user's identity, i.e., name or other personal data. Neither will cookies spread computer viruses or other harmful software, nor can they collect information of the other activities the user uses the computer for.
Firstly, cookies are used for collecting statistical data. Thus, Marimekko can investigate how a website is used and thus improve the usability of the website. Naturally, statistical data is anonymous.
The user may forbid the storing of cookies in the computer with the browser settings. However, in that case it should be understood that not all functions of the website will work optimally without the cookies. The user can always check the cookies stored in the computer and alter and delete stored cookies.
If the user does not wish to use Marimekko's cookies, the user can, with most modern browsers, select advanced cookie settings in Internet settings and add the domain to the list of websites whose cookies are not enabled. In these settings, the user can also remove cookies stored by the browser, either one by one or all at once. Please note that if you use more than one computer, the setting must be made on each computer.
Cookie types used by the website
Marimekko uses a number of different types of cookies.
Google AdWords cookies are used for tracking the advertisements the user sees and the efficiency of the results produced by the Goole search. They can also be used for modifying Google searches, making the user's searches more efficient. AdWords cookies are stored for 30 days.
In addition, third-party cookies are used for compiling statistics. Cookies are used for remembering the user's browsing behavior: how many times the user's computer or terminal has visited Marimekko's website, how long the user has spent on the website and how the user has entered the website (e.g., through Google). Google Analytics is used to this end. For information on Google Analytics' data protection and safety principles, click here: http://www.google.com/analytics/learn/privacy.html.
The website also uses other cookies to remember the user's choice of language so that the user will not always have to select the language again. Cookies are used to assign a unique session ID to the user. The session ID cookie is removed when the user closes the browser. In addition, the website uses technical cookies that ensure that the user will be directed to the geographically correct part of the website and that the site's component elements are kept open.
Rejecting and removing cookies
All browsers allow for removing cookies individually or all at once. The settings can be accessed in different ways depending on the browser. Click the links below for more information on browser-specific settings.
Flash cookies (applies to all browsers)
iPhone, iPad and other Apple devices
Windows 7 based phones
The users of the website may request additional information on cookie use by contacting the customer service at email@example.com.
WE TAKE PRECAUTIONS WITH CUSTOMER INFORMATION AND PERSONAL DATA.
We value our users and respect your privacy. We collect information about you through the Website in an effort to improve your online experience and to communicate with you about our products, services and promotions. Neither your name nor anything personal about you is sold or shared with any non-affiliated company or agency. However, as described in greater detail below, we may share your information under certain circumstances with businesses we work with to help the Website function and deliver our products to you.
This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. This policy also describes the choices you can make about how we collect and use certain of that information. Amendments to this policy will be posted at this URL and will be effective when posted. You can tell if the policy has changed by checking the last modified date that appears on this policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.
1. Types of Information Collected
We will ask you for certain kinds of personal information to provide the various services on the Website. This information includes:
Your Account - You have the opportunity to create a personal account with us to purchase our products. Your account allows you to use certain features on the Website and fully access the Online Services (as defined in the Terms and Conditions). Using a login name and password of your choice, you may access your account online at any time to add, delete, or change your information. In creating this account, you authorize us to store your name and email address and other personal information that you are asked to provide when you create your account, and to continue to store such information for archival purposes even if you change or delete your account. If you ever use a public computer to login to your account on the Website, you are strongly encouraged to log out at the conclusion of your session. By doing so, although your information will still be stored in connection with the Website, it will not be accessible to anyone else from that computer. As set forth
in the Terms and Conditions, we will not be responsible for your failure to take the appropriate steps to keep your personal account information private.
Email lists of our licensees, partners or affiliates - You will also be given the option to be added to the email lists of our licensees, partners or affiliates. Once you opt-in to receive emails from our licensees, you will have to follow their opt-out procedures in order to be removed from their lists.
Purchases - When you place an order, you will be asked to provide your credit card information. This information will be stored in your account for easy reference for your future orders.
Calls to Customer Service/Participation in Promotions/Sweepstakes or Surveys - If you call our Customer Service center or participate in one of our promotions, contests or user surveys, you may be asked for additional information, such as your age, interests or product preferences.
2. Use of Your Personal Information
We use the information collected from you for various purposes, including:
- to complete your purchase transactions
- to provide the services you request
- to keep you informed about the status of your orders
- to identify your preferences, so we can notify you of information or products, services, and promotions that might be of interest to you
- to notify you of product recalls or provide other information concerning products you have purchased
- to improve merchandise selections, customer service, and overall shopping experience
- to communicate with you by email, postal mail, telephone, text message, or other means
3. Sharing Information With Third Parties
3.2 We may provide access to your personal information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of other users or visitors of this Website or the public.
3.4 We may also make non-personal information available, in aggregate form, to marketing partners, advertisers, and others in order to assist us in providing our services and identifying potential customers. This information will not include anything that is personal about you or allow any such third parties to identify you or access your personal information.
3.5 We may disclose your personal and non-personal information to any successor company, such as a company that acquires us. In the event we are acquired or merge with another company, our customers’ personal and non-personal information will likely be among the assets transferred.
5. Pixel Tags
We may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Website. Pixel tags may help us analyze the user’ online behavior and measure the effectiveness of the Website. We may work with service providers that help us track, collect, and analyze this information. Pixel tags on the web site may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the websites you visit immediately before coming to our site. We do not otherwise track any information about your use of other websites.
Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
We may also work with business partners that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Website and your interaction with our communications.
We may combine the information collected through cookies and pixel tags with other information we have collected from you. This information may be used to improve the Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of our advertising, and for other internal business purposes.
6. Your Security
6.1 We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting information, so please do not email us any confidential or financial information.
6.2 In order to process your credit cards, we use a service that uses Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of the Website, to protect you from any loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of the Website. Once you have entered, the page address (URL) will change from “http” to “https” to let you know you are in a secure area. Also, a key or a closed lock will appear in the lower right hand corner of your screen to notify you of this change. You will remain in this secure zone for the entire checkout process.
6.3 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use all reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for the same. We will, however, investigate and, if appropriate, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.
7. Links to Other Websites
7.1 While visiting the Website, you may link to websites operated by third parties. This does not mean that we endorse these websites. We do not make any representations or warranties about any third-party website you may access through the Website. Such linked websites are independent from us, and we have no control over, or responsibility for, their products, services, information, or other activities.
8. "Spoofing" And "Phishing"
A common Internet scam is known as "spoofing" or "phishing." This occurs when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that we will never send you any email requesting you to disclose or verify your credit card, bank information, password, or any other personal information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at firstname.lastname@example.org, as we will investigate instances of possible Internet fraud.
9. Children and Privacy
10. Your California Privacy Rights
If you are a California resident, click this link for more information.
11. Confidential Information
We do not want you to send any emails to us containing confidential or proprietary information Any emails you send us, and all information, materials, suggestions, ideas or comments contained therein will be considered non-confidential, and by submitting the same, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the email or anything contained therein for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name or personal information unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
If you have any questions about your privacy or security at the Website, please send an email to: email@example.com and include your name and email address in the message.