These Terms and Conditions are part of the sales agreement between the Customer and Marcello Bergamo. Upon acceptance during the order process, these Terms and Conditions, along with the General Website Terms and Conditions become a contract to the exclusion to any other agreement. The following Terms and Conditions relate only to Custom Product and these Terms and Conditions take precedence in the event of any conflict with the General Website Terms and Conditions solely in relation to such Custom Product.
CONDITIONS OF SALE
By placing an order for any Custom Product you agree to the terms and conditions set out below. Marcello Bergamo may change these terms and conditions at any time and without notice. For each purchase, the terms and conditions posted on the site at the time the Customer places the order will apply.
CUSTOMER ACKNOWLEDGEMENTS ABOUT CUSTOM PRODUCTS
You represent and warrant to Marcello Bergamo that you have all rights, title and interest, including the right to publish and commercially exploit, any and all design elements that you may transmit to Marcello Bergamo in connection with the saving of a design on the Marcello Bergamo site or the placement of an order for Custom Products. You are solely responsible for ensuring that any and all design elements do not infringe or otherwise violate any third party rights. To the extent that any such design elements are subject to any trademark, service-mark, trade dress or other intellectual property rights (the “Customer IP”), you agree to grant Marcello Bergamo a non-exclusive, perpetual, sub-licensable, royalty-free worldwide license to use such Customer IP in connection with the Custom Products and Marcello Bergamo’s commercial activities. You agree and acknowledge that Marcello Bergamo is entitled to copy, edit, modify, reproduce, publicly display and distribute parts of the Customer IP as it sees fit. The Customer agrees that it has no claim against Marcello Bergamo or any other party if any part of the Customer IP or its design elements are used in Marcello Bergamo products.
The Customer is solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed upon by the use of any material protected by trademark, service mark, copyright or other proprietary rights. The Customer warrants and covenants that, in obtaining the Customer IP and submitting it to Marcello Bergamo Custom for reproduction, it/he/she has not violated the intellectual property or other proprietary rights of a third party. The Customer also agrees not to use any design, logo or trademark in a vulgar, libelous, disparaging or otherwise harmful or unlawful manner. Marcello Bergamo assumes no responsibility for damages or any wrongdoing that the Customer may cause by using or submitting to Marcello Bergamo Custom a logo, trademark or copyright item in connection with the Custom Products ordered by the Customer. The Customer agrees to indemnify, defend, and hold harmless Marcello Bergamo and its owners, officers, employees, representatives and agents from any suit, demand, claim, loss, liability, damage or expense made, asserted or filed against Marcello Bergamo due to the alleged breach of these warranties and covenants or the unauthorized, improper, or illegal use of any logo, trademark, copyright or other intellectual property and the Customer also agrees to pay any judgment or settlement offer resulting from any suit, demand, or claim, along with any attorneys' fees and all associated costs incurred by Marcello Bergamo in defending against any such suit, demand, or claim.
The Customer acknowledges that all orders for Custom products are subject to Marcello Bergamo’s sole right of approval/refusal. While Marcello Bergamo has the right to accept or decline orders for Custom Products, the Customer is solely responsible for its design and customisation and Marcello Bergamo has no obligation to review, accept or decline the Customer’s design and customisation.
Bulk Orders for Custom Product require 50% upfront payment at the time of placement of order and a further 50% payment prior to shipping from the factory.
Online Orders for Custom Product require 100% upfront payment as shown in your basket prior to check out.
MARCELLO BERGAMO’S RIGHT TO USE CUSTOMISED DESIGNS
The Customer understands and agrees that any Customer IP or other design elements or ideas that are provided to Marcello Bergamo are provided on a non-confidential basis and the Customer grants Marcello Bergamo a non-exclusive, perpetual, sub-licensable, royalty-free worldwide license to use any designs, artwork, Customer IP, colour scheme, ideas or other creative works without notice, compensation or acknowledgement for any purposes whatsoever including, without limitation, developing, marketing, commercializing, manufacturing, modifying, improving, creating derivative works and distributing products and services.
The Customer understands that it is its/his/her sole responsibility to scrutinize the design for the Custom Product and approve the artwork for accuracy. The Customer understands that it/he/she is accepting the final artwork submitted to and confirmed by Marcello Bergamo as accurate. Once an order is placed, it is assumed that all artwork has been approved and accepted by the Customer and no subsequent cancellation of such order is possible. After an order is placed, no design or order changes will be accepted, and the Customer will be charged in full.
Shipment dates for Custom orders are approximate. Marcello Bergamo reserves the right to amend the shipment date without any notice. In case of exceeding of a previously quoted delivery date, a default in delivery will be given only after a reasonable extension of time. Event of Force Majeure (acts of God, fires, war, terrorism, riot or insurrection, strikes or differences with workmen, government interference, inability to secure transportation, weather conditions, or other contingencies out of Marcello Bergamo control) will entitle Marcello Bergamo to postpone the delivery for the duration of the hindrance. Delivery will be made at the risk of the Customer, including carriage-paid shipments. Risk will be transferred to the Customer as soon as the consignment has been handed over to the person or company responsible for carriage. The Customer must inspect the delivery immediately after receipt for completeness and proper condition. Should the parcel be damaged the Customer must inform the carrier immediately and have the damage assessed on the spot. In such circumstances, please do not accept the delivery. Delay in the delivery of one instalment will not entitle you to cancel other instalments.
The Customer must check the correctness of the order and immediately raise any concerns. Marcello Bergamo will not be liable for any mistakes made by the Customer during the order process. Defects to part of a delivery do not entitle the Customer to refuse or return the whole delivery. The Customer will be obliged to inspect the goods immediately upon delivery and to advise Marcello Bergamo of any defects within the periods stipulated by law. Marcello Bergamo reserves the right to repair, replace or diminish the purchase price. Unavoidable differences in colours, quality and material are not cause for complaints on behalf of the Customer as long as they are in reasonable tolerance. Textile print is subject to small colour variations despite the greatest care – additionally, print settings may cause slightly different colour profiles. These slight deviations will not be a cause for complaints on the part of the Customer. Colour differences may also alter when garments are worn on body, Marcello Bergamo take no liability for these differences.
Marcello Bergamo products are manufactured to last according to your domestic legal definition. Marcello Bergamo products are fully warranted to the original owner against defects in materials and workmanship for a period of 12 months. If a product fails due to a manufacturing or material defect, we will replace or repair it without charge, at our option. This warranty does not include product failures resulting from accidents, misuse, improper care, or normal wear. This warranty policy supersedes all previous warranty policies. If the Customer does send the item to Marcello Bergamo for inspection, shipping must be prepaid and insured. Products accepted for warranty must be clean. Please include your name, address phone number, e-mail address and a description of the product defect. Please note that while the sublimation process delivers outstanding colour, design and individuality, fading of the garment is normal over extended periods of time.
Other than the limited warranty set forth above, Marcello Bergamo will not be liable to the Customer or any person who purchases from the Customer or uses products supplied by Marcello Bergamo for damages of any kind, including without limitation, direct or indirect damages or loss of profits resulting from any clause whatsoever.
Due to the nature of Custom orders, all sales are final, and no returns will be accepted unless the merchandise is defective or upon mutual written agreement of the parties. Customer must notify Marcello Bergamo in writing within 14 Days of delivery of any defective merchandise. Customer will be responsible for the safe packaging and timely return of any defective merchandise. Claims for loss or damage sustained in transit must be made upon the delivering carrier by Customer. It is suggested that the Customer hold all damaged goods and retain all cartons and packing materials for inspection by the delivering carrier.
Prices are as specified by Marcello Bergamo and we reserve the right to amend the price and product specification at any time. Price differences related to future or past prices published by Marcello Bergamo products are not refundable. Products will be sold at the price stated at the date of acceptance. Marcello Bergamo reserves the right to charge additionally for Products or Services not appearing in the standard price list. Delivery costs are clearly communicated at the time of ordering. Delivery costs will vary depending on the means of delivery and payment, as well as the destination and the total amount of the order.
SHIPPING AND TAXES
Except as otherwise displayed at checkout or communicated by Marcello Bergamo, prices are inclusive of taxes, impositions and other charges, including sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and brokers’ fees, consular fees, document fees, and import duties.