TERMS AND CONDITIONS
The following are the terms and conditions (the "Terms") under which you (a "User") may use the web site of MarkDavis.com (the "Company") at www.MarkDavis.com and/or any other internet addresses (any or all of which are herein referred to as the ”Site"). By accessing and using the Site, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Specific rules, in addition to these Terms, are provided with respect to transactions conducted on or in connection with the Site, and other rules may be provided for the use of certain other items, areas or services provided on or in connection with the Site, and you agree to be bound by such rules.
Your use of the Site constitutes your agreement to all terms, conditions, and notices contained herein or otherwise posted on the site. (the content of such agreement, inclusive of the terms and all such additional conditions and notices, are together referred to herein as the "Agreement.") If you do not accept any of the provisions of the agreement, you may not use the web site.
U.S. DOMESTIC SHIPPING
MarkDavis.com is happy to provide complimentary shipping.
If the item(s) ordered are in stock, orders received by 12:00 noon U.S. Eastern Time will ship the same day. Orders for items(s) in stock received after 12:00 noon will ship the next business day.
Saturday delivery is available in certain areas for an additional charge. If you are interested in Saturday delivery, please contact customer service by emailing email@example.com
MarkDavis.com shipping policies require an adult signature for all deliveries, no exceptions. MarkDavis.com is unable to ship to P.O. boxes, APO/FPO addresses or hotels.
MarkDavis.com is not responsible for delays in shipping or delivery due to forces of nature or other uncontrollable events.
MarkDavis.com will ship internationally with some exceptions. We are unable to ship to the following countries: Afghanistan, Bulgaria, Indonesia, Iraq, Lebanon, Lithuania, Macedonia, Nigeria, Pakistan, Romania, Ukraine and Yugoslavia.
Shipping charges, if any, and transit times for international shipments are determined by merchandise value and destination.
Please note that due to fraud prevention measures, some shipments may be delayed slightly for additional purchaser verification.
MarkDavis.com is required to collect sales tax for all purchases delivered to addresses in New York State, including the five boroughs of New York City. Purchases shipped to U.S. States other than New York are solely responsible for meeting the reporting requirements and payment of sales and use taxes and fees in their domicile.
Purchases shipped to other countries may be subjected to import duties and/or local sales and use and/or value added taxes. MarkDavis.com is not responsible for any import duties or foreign sales or use taxes. MarkDavis.com is also unable to inform or advise the customer or third party recipient of any import duty or sales and use tax liability in foreign countries.
If you are not delighted with your MarkDavis.com purchase, you may return it to us within ten (10) days of receipt.
All merchandise must be in its original, unworn condition, with any price or security tags attached, contained in its original unblemished packaging, for a full refund.
You must request a return merchandise authorization (RMA) number prior to shipping your return. Returns received without an RMA number clearly noted on the outside of the package will be refused. Following the issuance of an RMA number, the merchandise must be received by our office within seven (7) days in order to complete the transaction. Please contact firstname.lastname@example.org.
All returns must be shipped freight and insurance prepaid.
The following are not returnable under any circumstances: Items marked “Final Sale,” customized, special order or personalized items, altered, sized or modified items. Additionally, items purchased from any source other than MarkDavis.com must be returned to their original place of purchase and are subject to the retailer’s terms and conditions.
Please note that credit for returned merchandise is given in the form of the original payment. If the item being returned was paid for by check, a delay of up to twenty-one (21) days may be incurred in the issuance of a refund check.
Gift recipients are entitled to a non-refundable MarkDavis.com merchandise credit.
Your Mark Davis purchase is guaranteed against manufacturing defects for an unlimited period of time. This warranty applies solely to the initial purchaser or gift recipient. Purchases must have been made through an authorized Mark Davis retailer or MarkDavis.com. Proof of purchase is required. Mark Davis reserves the right to repair, replace or rebuild the item at its sole discretion. Shipping and insurance fees incurred in sending the item to Mark Davis as well as return shipping to the customer is the customer’s responsibility. After twenty-four (24) months from the date of purchase, charges for labor will be borne by the customer.
Exclusions to this limited warranty are: tampering or improper or abusive handling of the item (e.g.: knocking, hitting, dropping, slamming, crushing, etc.;) alterations, repairs or modifications made by any party other than Mark Davis; consequences of normal wear and tear; oxidation of the material(s); degradation of the material(s) due to environmental exposure; scratching of the material(s) incurred during normal use; damage due to harsh and inappropriate cleaning methods.
All items purchased from MarkDavis.com are subject to prior sale.
TRADEMARKS AND COPYRIGHTS
The names MARK DAVIS, MARK DAVIS NEW YORK and MARKDAVIS.COM are trademarks of MarkDavis.com, LLC and/or its affiliates.
All designs are copyrighted by Mark Davis and/or MarkDavis.com, LLC
All Site content, including photographs, graphics, illustrations, videos, animations and proprietary code are copyrighted by MarkDavis.com, LLC.
PHOTOGRAPHS, ILLUSTRATIONS AND VIDEOS
Some items may appear larger or smaller than actual size due to monitor defaults and resolution settings as well as photography techniques. Some items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to present the item in its entirety.
While every reasonable effort is made to depict product colors accurately, variances in monitor calibrations and display settings make it impossible for us guaranty online customer perception of color with absolute accuracy.
The Site may offer you links to other websites owned or operated by entities other than MarkDavis.com. Such links are provided for your convenience only. If you visit any of these websites, you do so at your own risk. MarkDavis.com does not control, nor is it responsible for, the content or privacy policies of these websites. The linking to, directing to or referencing of other website does not imply endorsement by MarkDavis.com of said websites and/or products and services available from these websites.
The Company makes no claim that the contents of the Site are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the content (including software) may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
The Site is based in the State of New York, U.S.A. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York without respect to its conflict of laws principles. By using the Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Site shall be the state courts for or within New York County in the State of New York, and the United States District Court for the Southern District of New York. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement 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 this agreement, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This agreement constitutes the entire agreement between you and the Company with respect to the use of the Site.
DISCLAIMER OF DAMAGES
If you are dissatisfied with any portion of the web site, or with any provision of the agreement, your sole and exclusive remedy is to discontinue using the Site. Under no circumstances shall the company be liable to any User or any third party on account of that User's use of the web site. In no event shall the company and/or its suppliers be liable to you or any such third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, the delay or inability to use the Site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may or may not apply to you.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Site (including software.) your breach of this agreement, or your violation of law or of the rights of any third party.
Users agree that MarkDavis.com may terminate users’ access to and use of the Site if MarkDavis.com believes that users have violated the rights of MarkDavis.com or any third party, or for any reason with or without notice to user. Users also agree that MarkDavis.com may modify or discontinue this Site, with or without notice to them. Users agree that MarkDavis.com will not be liable to them or any third party as a result of such modification or discontinuation.