Welcome to pucciManuli.com, a website offering a remarkable collection of gifts for children of all ages. By utilizing the latest technology to ensure an easy, pleasant and secure shopping experience, pucciManuli.com can provide you with a broad range of high quality products to gift to yourself and/or a special someone. Please note, however, pucciManuli, LLC provides our services to you, including all information, tools and technology subject to the following notices, terms, and conditions.
These Terms and Conditions (“TAC”) constitute a legally binding agreement made by and between pucciManuli, LLC, (“pucciManuli”) which operates www.pucciManuli.com (“Website”) and you, whether personally or on behalf of an entity (“You”). These TAC govern your use of the Website and products offered on the Website, so please read them carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TAC. IF YOU DO NOT AGREE TO BE SO BOUND, DISCONTINUE USE OF THE WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY PUCCIMANULI RESERVES THE RIGHT TO MAKE CHANGES TO THE WEBSITE AND/OR THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW PROVISIONS OF THESE TAC THAT MAY BE POSTED ON THE WEBSITE.
The headings used in these TAC are included for convenience only and will not limit or otherwise affect the TAC.
ACCOUNT AND ELIGIBILITY
Products may only be purchased on the Website by individuals who can form legally binding contracts under applicable law. All persons, defined as human beings, accessing the Website or using pucciManuli services must be at least 18 years of age. Minors under 18 years of age and at least 13 years of age may access the Website only if they have appropriate permission and direct supervision by the owner of the Account. Children under age 13 are not permitted to use the Website. You are responsible for any and all account activity conducted by a minor on your Account.
To access certain portions of the Website, you may be required to create an Account through the Website (“Account”). You agree you will not create an Account or use the Service if you (i) are under the age of 18, (ii) have previously been removed by pucciManuli or banned from using pucciManuli’s Website, (iii) already have an Account with us, (iv) are located in a country embargoed by the United States or (v) are on the U.S. Treasury Department’s list of Specially Designated Nationals.
You can set-up, access, edit and update your Account information at any time through the “My Account” section of the Website (currently located on the Website at www.puccimanuli.com/account/login). You agree to supply only truthful, accurate and complete information to pucciManuli when setting up your Account and will update such information promptly in the event any information changes. You acknowledge if any information provided by you is untrue, inaccurate, not current or incomplete, pucciManuli reserves the right to terminate the Agreement, your Account, and/or your use of the Website. Your Account is for your use only and you are responsible for all actions taken via your Account. You may not lease, assign, sell, transfer, rent, share or provide access, directly or indirectly to your Account information and/or password with anyone else. Any distribution by you of Account information may result in suspension, termination or cancellation of your access to the Website. You agree to not access Accounts or information about Accounts other than your own.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You are entirely responsible for maintaining the confidentiality of your Account, username, and password, and for all activities which may occur through the use of your Account, including purchases, whether or not authorized by you. You agree to: (i) immediately notify pucciManuli of any unauthorized access to or use of your Account, username or password, or any other breach of security, (ii) ensure you secure your Account and computer from third-party access, including by exiting from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so others are not able to view and/or record your password and/or other personal information. pucciManuli will not be liable for any loss or damage arising from your failure to comply with this Section. You may be issued a new password or be required to change your password from time to time.
NO ACCOUNT OWNERSHIP RIGHTS
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON PUCCIMANULI.COM SERVERS. YOU FURTHER ACKNOWLEDGE AND AGREE ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF PUCCIMANULI.
PRODUCTS AND SERVICES
Product Exclusivity, Limitations and Restrictions
Certain products and/or services may be available exclusively online through the Website. These products or services may have limited quantities and/or are subject to return or exchange only according to our Return Policy. We reserve the right to limit the sale of our products or services we offer to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of pucciManuli. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Colors and Variations
We have made every effort to display the colors of our products that appear on our web-site as accurately as possible. The actual colors you see will depend on your computer monitor, and we cannot guarantee that your monitor(s) display of any color will be accurate.
ERRORS, INACCURACIES, AND OMISSIONS
pucciManuli strives to provide complete, accurate, and up-to-date information on our Website. However, it is not possible to ensure that any website is completely free of human and/or technological errors. Occasionally there may be information contained on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change and/or update information or cancel orders if any information on Website is inaccurate at any time without prior notice, including after you have submitted your order.
When you purchase products through the Website, you (i) agree to pay the price for such products set forth in the Website, all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”) and (ii) authorize pucciManuli to charge your credit card or other payment method for the Full Purchase Amount. Our Website may allow you to purchase products and designate them to be delivered at a future date. In such instance, you acknowledge and agree pucciManuli may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of delivery of the applicable products. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with the payment terms in effect at the time the fee or charge becomes payable.
Payment can be made by credit card, debit card, PayPal, Apple Pay, Google Pay, or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by PayPal or any other payment processor are solely your responsibility.
You acknowledge and agree that all information you provide with regards to a purchase, including, without limitation, credit card, PayPal, or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to (i) discontinue or limit the available quantity of any product or aspect of the Website, (ii) honor, and/or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, and (iii) refuse to allow any user to purchase a product or deliver any product to a user.
In your use of the Website, you may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another’s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including pucciManuli, federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam,’ chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent, or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website, pucciManuli’s name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these TAC.
If you become aware of any conduct that violates these TAC, pucciManuli encourages you to contact customer service at firstname.lastname@example.org. pucciManuli reserves the right, but will have no obligation, to respond to such communications.
THIRD PARTY WEBSITES AND/OR RESOURCES
GIFT MESSAGES AND USER GENERATED CONTENT
If you order a gift message (whether text, images, video or otherwise) to be delivered with your purchase, you agree pucciManuli is not responsible in any manner for the content of your message, the receipt or use of that message by the recipient or others. You agree to not include any defamatory, obscene, illegal or offensive content in your gift messages or content that would violate the privacy or intellectual property rights of others when published, distributed or displayed by pucciManuli. pucciManuli will not be liable for any claims relating to or arising from such gift messages, including, without limitation, any claims relating to invasion of privacy or security breaches. We reserve the right to discontinue or not display or distribute any gift message if we reasonably believe that such display or distribution would violate any of these TAC. You acknowledge and agree any gift message you provide to pucciManuli may be shared with the recipient of the related product.
User Generated Content
Portions of the Website may allow you to post, upload, publish, submit or transmit content (“Your Content”) to be made available through the Website, including gift messages, comments on our blogs, photos shared with #everydaywonder or any other pucciManuli-owned tags, and pucciManuli-owned social handles (e.g. @pucciManuli). By posting or submitting Your Content, including on any publicly accessible blog, comments or community forum we may make available (collectively “Forums”), you represent and warrant (a) you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) Your Content is accurate; and (c) use of Your Content does not violate these TAC and will not cause injury to any person or entity.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comments. We take no responsibility and assume no liability for any content or materials submitted or posted through the Website, including in the Forums, by you or any third party. We reserve the right to remove any content, material, or submission for any reason, including if we determine in our sole discretion violates any law or right of any person, infringes the rights of any person, is offensive, threatening, libelous, defamatory, pornogrpahic, obscene, or otherwise inappropriate for posting on the Website.
As a condition of your use of the Website, you hereby grant to pucciManuli a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and/or create derivative work from Your Content, including posting Your Content on the Website and pucciManuli social media pages and in pucciManuli’s marketing materials, as provided above.
INTELLECTUAL PROPERTY RIGHTS
The graphic and textual content, arrangement, and assembly of this site is the property of pucciManuli.com and/or its content suppliers and protected by U.S. and international copyright laws. Users should feel free to use this site as a shopping resource, but any other use of the site, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. In addition, the software used on this site is the property of pucciManuli and/or its software suppliers, and is protected under U.S. and international copyright laws.
"pucciManuli” is a registered trademark of pucciManuli, LLC and pucciManuli graphics, logos, product names, and service names are trademarks of pucciManuli. These trademarks may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits, or dilutes pucciManuli, its trademarks or goodwill. Any other trademarks not owned by pucciManuli, LLC that appear on this site are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.
Ownership and Use
pucciManuli will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these TAC or otherwise, except as set forth in this TAC. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website in the normal course of your use of the Website. You may not use any third-party intellectual property without express written permission of the applicable party, except as permitted by law.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
pucciManuli respects the intellectual property rights of others and expects its users to do the same. If you believe the Website or a user of the Website has infringed on intellectual property, please submit a notification to pucciManuli’s Intellectual Property agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- Identification of the intellectual property claimed to be infringed;
- Identification/detailed description of the alleged infringing material that is requested to be removed, including where it is located on the Website and/or URL address;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the identified, alleged infringing use is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information above is accurate; that you are the intellectual property owner or you are authorized to act on behalf of the intellectual property owner;
- A physical or electronic signature of the owner, or person authorized to act on behalf of the owner, of the intellectual property or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: pucciManuli, ATTN: Legal, 2 E Lancaster Avenue, Ardmore, PA 19003. pucciManuli will respond expeditiously to claims of copyright infringement using the Website that are reported to pucciManuli’s copyright agent in the notification explained above.
It is pucciManuli’s policy, in appropriate circumstances, and at its discretion, to disable or terminate the accounts of users who infringe on intellectual property rights of others.
CHANGES TO THE WEBSITE OR SERVICE
The Website may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and the Website will not be liable for doing so.
Our returns policy is set forth here.
REPRESENTATIONS AND WARRANTIES
By Each Party
Each party represents and warrants to the other party: (i) it has the full power and authority to enter into and perform its obligations under these TAC, (ii) the assent to and performance by it of its obligations under these TAC do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these TAC constitute legal, valid and binding obligations of the parties assenting to these TAC, enforceable in accordance with these terms and conditions.
You represent and warrant to pucciManuli (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of pucciManuli in your use of the Website, and (ii) You will comply with all applicable laws, rules and regulations in your use of the Website, including these TAC.
You agree to hold pucciManuli and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney’s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these TAC by you or (ii) arising from, related to, or connected with the Website. If you are obligated to provide indemnification pursuant to this provision, pucciManuli may at its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of pucciManuli.
DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS
- DISCLAIMER OF WARRANTIES. PUCCIMANULI PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. PUCCIMANULI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. PUCCIMANULI DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINTERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OF OR WITH HARDWARE OR SOFTWARE YOU USE.
- PUCCIMANULI MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TAC OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- EXCLUSION OF DAMAGES. PUCCIMANULI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. PUCCIMANULI WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF PUCCIMANULI OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. EXCEPT FOR A PARTY’S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TAC OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TAC, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TAC, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO PUCCIMANULI FOR ANY PRODUCT(S).
All disputes between you and pucciManuli related to the operation of the Website or pucciManuli products will be exclusively resolved under confidential binding arbitration held in Ardmore, Pennsylvania before a single arbitrator in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator designated by American Arbitration Association will determine whether any generally applicable contractual defenses to this agreement exist, including but not limited to fraud, duress, or unconscionability. No arbitration between us will be joined to an arbitration involving any other party subject to these TAC, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, pucciManuli will have the right to seek injunctive or other equitable relief in state or federal court to enforce these terms or prevent an infringement of a third party’s rights. In the event such relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
THE AAA'S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY'S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
Class Action and Class Arbitration Waiver
Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims
Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
Exclusive Venue for Litigation
To the extent the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Montgomery County, Pennsylvania. The parties expressly consent to exclusive jurisdiction in Montgomery County, Pennsylvania for any litigation.
The law which shall resolve all disputes between the parties shall be the laws of Pennsylvania and the United States of America.
pucciManuli will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to the Website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these TAC, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.
You may terminate your account for any reason at any time subject to these TAC by emailing email@example.com and requesting termination. If your account is terminated, pucciManuli may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of the Website in its possession. Following termination, you will not be permitted to use the Website.
WAIVER OF CLASS ACTION RIGHTS
By entering into these TAC, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these TAC or pucciManuli product must be asserted individually.
LIMITATION OF ACTIONS
You acknowledge and agree, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website or pucciManuli products must be brought within one calendar year after such claim or cause of action arises, or forever be barred.
These TAC contain the entire understanding of You and pucciManuli regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.
These TAC will be binding upon each party hereto and is successors and permitted assigns, and governed by and constructed in accordance with the laws of the United States and Pennsylvania without reference to conflict of law principles. These TAC and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of pucciManuli. No failure or delay by a party in exercising any right, power or privilege under these TAC will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these TAC. You and pucciManuli are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these TAC. The invalidity or unenforceability of any provision of these TAC will not affect the validity or enforceability of any other provision of these TAC, all of which will remain in full force and effect.
These TAC are published and effective April 9, 2019.
Copyright © 2019 pucciManuli, LLC ALL RIGHTS RESERVED.