TERMS AND CONDITIONS OF SALE

PLEASE READ THIS DOCUMENT CAREFULLY.  IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU (You may also be referred to herein as “Customer”).

These terms and conditions apply to the purchase and sale of products and services through shopMARRINCOSTELLO.COM (referred to as the "Website").  By placing an order for such products and services, you agree to be bound by and accept these terms and conditions.  If you do not agree to these terms and conditions, you should not obtain products or services from this Website.  These terms and conditions are subject to change by Marrin Costello LLC, a Florida limited liability company (referred to as "us" or "we") without prior written notice at any time, in its sole and absolute discretion.  The latest version of the terms and conditions will be posted on this Website, and you should review these terms and conditions prior to purchasing any product and services that are available through this Website.  You should also carefully review our Privacy Policy before placing an order for goods or services through this Website.

 

ORDER ACCEPTANCE AND CANCELLATION

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, decline, or limit your order for any reason, whether or not your credit card has been charged.  If your credit card has been charged and your order is canceled, you will receive a refund credit to your account as soon as practicably possible.  

We make every effort to maintain the availability of our Website.  However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

 

PAYMENT TERMS 

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

You represent and warrant that (a) credit card information you supply to us is true, correct, and complete, (b) charges incurred by you will be honored by your credit card company, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

All payments must be in United States dollars.  Current billing address and phone information must be included with every order.  Charges for shipping and handling will be made in accordance with our then current shipping policies, as described below.

 

CHANGE IN PRODUCTS AND PRICING

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice.  To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Website.

All pricing for the products and services available on our Website is subject to change.  For all our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, price changes, errors in advertisements and other extenuating circumstances.

 

SHIPPING

All web orders are, by default, shipped via USPS Ground. Our domestic shipping rate is $5.00 per order or free for orders over $50. Domestic shipping can be expedited to USPS Priority at checkout for $10. Our international shipping rate is $40 per order. All web orders are made-to-order and may take up to five days to ship, depending upon available components.

If orders include more than one item, you may receive shipments with partial deliveries. 

All orders placed on weekends will begin processing during business hours the following Tuesday PST. 

Expected shipping time after processing is up to 2 weeks for domestic ground, up to 10 days for domestic priority and up to one month for international. Please expect a delay in deliveries during holiday seasons, as well as delays caused by the COVID-19 pandemic. 

Should you need packages by a certain date, we recommend selecting Priority and/or Express shipping upon checkout. However, by using these expediated shipping methods, we do not guarantee delivery of the packages by the desired date.

To check on the status of a shipment, please visit USPS.com; we recommend signing up for delivery alerts. 

These shipping terms are accepted by you by placing an order with us.

 

ADVERTISING DISCLAIMER AND TRADEMARKS

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price.  We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the charge.

All trademarks and registered trademarks relating to products and services available through our Website are the sole property of their respective owners.  

 

DISCLAIMER AND LIMITATION OF LIABILITY

Our responsibility for defects relating to the products and services available on our Website is limited to the procedures described in our return policy set forth below.  ALL PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.  IN NO EVENT SHALL MARRIN COSTELLO LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS WEBSITE.  NO EMPLOYEE OR REPRESENTATIVE OF MARRIN COSTELLO LLC IS AUTHORIZED TO MODIFY THIS LIMITATION.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR WEBSITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

 

RETURN POLICY

 

SHOPMARRINCOSTELLO.COM will accept exchanges and returns on items postmarked within 14 days of shipment delivery.

Item(s) must be returned in new condition and resealable packaging with original receipt of purchase. 

To begin the return process, please email: 

HELLO@MARRINCOSTELLO.COM 

 

Customer is responsible for shipping charges sent back to Marrin Costello LLC. 

MARRIN COSTELLO® is not responsible for any lost or missing packages. Any lost or stolen packages will only be replaced by shopMARRINCOSTELLO.COM if insurance is purchased by the customer. Insurance is NOT included with Free Domestic Shipping. We highly recommend selecting Priority or Overnight shipping upon checkout, as insurance is included for lost or stolen packages.  

Exchanges will be subject to shipping charges. Once your return is processed, you will receive a shopMARRINCOSTELLO.COM credit via email. Please note that we cannot refund shipping charges on exchanged items. Items received as gifts may be exchanged for another item of equal or greater value. 

SALE, BOGO, AND DISCOUNTED ITEMS ARE FINAL SALE, AND MAY NOT BE EXCHANGED OR RETURNED.

Should you need assistance, we are always here to help via email — hello@marrincostello.com.

 

REPAIR POLICY

We will repair any jewelry design purchased through shopMARRINCOSTELLO.COM within 6 months of purchase date. Items purchased through other retailers must be returned for repair to the store where the item was purchased.

Repairs are subject to repair fee.  Fee is contingent upon material availability and the nature of repair.  

Due to the nature of our products, we may not be able to order certain components needed to repair older styles.

To begin the repair process, please email: 

HELLO@MARRINCOSTELLO.COM 

 

SALE  

ALL SALE, BOGO, AND DISCOUNTED ITEMS ARE FINAL SALE, AND MAY NOT BE EXCHANGED OR RETURNED for any reason whatsoever.

Sample sale items are a combination of archived, one of a kind, and production samples (many of which are in low quantities). Sample Sale is only run annually for Black Friday — as well as during the Covid-19 pandemic as our way to give back to our community and keep you feeling [and looking] fabulous while we all stay safe at home!

Due to the nature of our manufacturing process, many pieces offered in sample sale will arrive sans Marrin Costello branding on the pieces themselves, and may be variations of the items listed online.  Regardless of the presence of Marrin Costello branding — please note all pieces are certified and verified as exclusive MARRIN COSTELLO designs. 

SAMPLE SALE, BOGO, DISCOUNTED, AND JEWEL BOX ITEMS ARE FINAL SALE. 

Should you need assistance, we are always here to help via email:

HELLO@MARRINCOSTELLO.COM 

 

PRIVACY AND CUSTOMER INFORMATION

We are committed to protecting your privacy.  To make your shopping experience more convenient, we gather information about you.  We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information.  See our Privacy Policy.

 

FORCE MAJEURE

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.  These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s).  Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us.  To the extent that anything in or associated with our Website is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

GOVERNING LAW 

This Website is controlled by us from our offices within the State of Florida, United States of America.  It can be accessed from all 50 states, as well as from other countries around the world.  As each of these places has laws that may differ from those of Florida, by accessing this Website both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website.  Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of Hillsborough County and the United States District Court for the Middle District of Florida with respect to such matters.

Thank you for shopping with SHOPMARRINCOSTELLO.COM

 

 

PRIVACY POLICY

Marrin Costello LLC, a Florida limited liability company, (hereinafter referred to as "Company" or "We") respects your privacy and is committed to protecting it through its compliance with this policy. For this reason, we want you to understand how we collect and use the information and content you share on our website (collectively the “Information”).

This policy describes the types of Information we may collect from you or that you may provide when you visit shopMARRINCOSTELLO.COM (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that Information.

Please read this policy carefully to understand our policies and practices regarding your Information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

WHAT WE COLLECT AND HOW WE COLLECT IT

We collect several types of Information you provide to us, from and about users of our Website. 

This includes Information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("Personal Information"); 
  • About your internet connection, the equipment you use to access our Website, and usage details; or
  • Any other Information you choose to provide to us. For example, this may include your responses to surveys that we might ask you to complete for research purposes, forms that you fill out, promotions, requests for customer support, or otherwise communicate with us.

We collect this Information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and Information collected through cookies.
  • From third parties, for example, our business partner, such as Shopify or advertisers.

WHAT WE DO WE DO WITH YOUR INFORMATION

We use Information that we collect about you or that you provide to us, including any Personal Information:

  • To present our Website and its contents to you;
  • To provide you with Information, products, or services that you request from us;
  • To provide you with notices about your account;
  • To notify you about changes to our Website or any products or services we offer or provide though it;
  • Estimate our audience size and usage patterns;
  • Store Information about your preferences, allowing us to customize our Website according to your individual interests;
  • Recognize you when you return to our Website;
  • Research/develop new content and services;
  • Provide customer support;
  • In any other way we may describe when you provide the Information; and 
  • For any other purpose with your consent, such as providing marketing materials.

CONSENT

When you provide us with Personal Information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your Personal Information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

If after you opt-in, you may change your mind and withdraw your consent for us to contact you, for the continued collection, use or disclosure of your Information, at anytime, by contacting us at hello@marrincostello.com

SHOPIFY

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. 

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Policy here.

AUTOMATIC DATA COLLECTION

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain Information about your equipment, browsing actions, and patterns.

The Information and technologies we use for this automatic data collection may include:

  • Log and Usage Data: We may log data when you access our Website, such as Information about your computer and internet connection, including your IP address, operating system, browser type, device information, device settings, links clicked, the requested URL, and search terms. Pages of our Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

  • Cookies and Similar Technologies: We may receive information from cookies, which are small files stored on the hard drive of your computer and sends back to us when making requests, and flash cookies. Cookies (and similar technologies) are used to enhance your experience by understanding user activity, tailoring the content to your past activity, and improving the quality of the Website. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store Information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

 

For simplicity, here is non-exhaustive list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not:

 

    • _session_id, unique token, sessional. Allows Shopify to store information about your session (referrer, landing page, etc).
    • _shopify_visit, no data held, Persistent for 30 minutes from the last visit. Used by our Website provider’s internal stats tracker to record the number of visits
    • _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
    • cart, unique token, persistent for 2 weeks. Stores information about the contents of your cart.

 

  • Location Information: We may collect information about your location, for example, with your consent, by using GPS or Bluetooth on your mobile device. We may also receive your location Information when you choose to share such Information when using our Website, such as associating your content with a location or your IP address.

The Information we collect automatically may include Personal Information, and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service.

DISCLOSURE

We may disclose aggregated Information about our users, and Information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect or you provide as described in this privacy policy:

  • To our affiliates;
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Marrin Costello LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Marrin Costello LLC about our Website users is among the assets transferred;
  • To third parties to market their products or services to you if you have consented to these disclosures;
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use for service request on our Website, we will transmit communications for such request to your email address;
  • For any other purpose disclosed by us when you provide the Information;
  • With your consent;
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • To enforce or apply our Terms and Conditions of Sale; or
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging Information with other companies and organizations for the purposes of fraud protection and credit risk reduction

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your Information:

  • Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. Additionally, most browsers provide the option to send a Do Not Track signal to websites that you visit.
  • Promotional Offers from the Company: If you do not wish to have your email address used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form), or at any other time by contacting us at hello@marrincostello.com. 

We do not control third parties' collection or use of your Information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your Information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

California residents may have additional Personal Information rights and choices. Please see Your California Privacy Rights for more Information

THIRD-PARTY SERVICES

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. In general, the third-party providers used by us will only collect, use and disclose your Information to the extent necessary to allow them to perform the services they provide to us.

These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect Information about you when you use our Website. The Information they collect may be associated with your Personal Information or they may collect Information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this Information to provide you with interest-based (behavioral) advertising or other targeted content.

Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the Information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your Information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your Personal Information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s Website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Website’s Terms of Service.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about a third parties use of your Information, you should contact the responsible party directly.

Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.  

Google analytics: Our store uses Google Analytics to help us learn about who visits our site and what pages are being visited.

SECURITY

To protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.  If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

AGE OF CONSENT

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any Information to or on the Website. We do not knowingly collect information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, or provide any Information about yourself to us, including your name, address, telephone number, email address, or any screenname or username you may use. If we learn we have collected or received information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@marrincostello.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their Personal Information. Please see Your California Privacy Rights for more Information.

YOUR CALIFORNIA PRIVACY POLICY

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer → hello@marrincostello.com.