Please view our shipping policy here.
Need to exchange or return a garment from your order? Not a problem! Please visit our returns portal for more information.
All comments, queries or requests relating to the use of your personal data by Marcella are welcome and should be addressed to Customer Care аt firstname.lastname@example.org.
Communication of Personal Data
Communicating your personal data to Marcella when requested in any of the many instances where personal data is collected through this site may be essential in order to achieve the purposes set down by the communication itself. Failure or refusal to provide accurate information when requested will cause the inability of the online application, and therefore Risetex Inc. shall not be in the position to process your request.
Communicating additional data to Marcella, other than those compulsory, is optional and will not produce any consequence with regard to the main purposes of your personal data collection.
You are entitled, at any time, to obtain confirmation from Marcella, in a clear and comprehensible form, if the Marcella database contains your personal data. You are also entitled to obtain information from Marcella about the source of your personal data, the purposes and methods of data processing that apply to your personal data, the type of logic applied when electronic instruments are used for data processing; you have also the right to object, in whole or in part, on legitimate grounds, to the processing of personal data concerning yourself.
In addition, you may always be entitled to obtain from Marcella:
- Updating, correction, and integration of your personal data;
- Cancellation, transformation into an anonymous form or blocking of your personal data is processed in violation of the law.
Should you choose to have your name and personal data removed from Marcella database, you can do send an email to email@example.com.
Please note that although your personal information is deleted from our database for commercial purposes, the history of orders placed on our website will remain in our system for security reasons.
- To process data exclusively for the mentioned purposes and according to the methods illustrated;
- To use data for other purposes only where the user has expressed its unequivocal consent to such use;
- To make data available to third-party companies only for purposes that are strictly necessary to provide the requested service(s); not communicate, assign or transfer data to third parties for purposes exclusively connected to the third party, unless the users have received a prior warning and have granted their consent;
- To answer all requests for cancellation, variation, and integration of personal data, opposition to data processing for the purpose of sending commercial information and advertising;
- To ensure that data processing is conducted fairly and legally, protecting user privacy and implementing appropriate measures for security and protection of the privacy, integrity, and availability of the data provided by users.
How and why we process your Personal Data
The personal data you provide may be processed by www.marcellanyc.com, both manually and using electronic tools, for the following purposes:
- To proceed with your purchase request, with reference to the fulfillment of your online order and accounting and fiscal activities related thereto;
- To manage correspondence and service communications with you; to fulfill and deliver your orders;
- to verify that the data provided for the transaction are complete, valid, correct, and clear of fraudulent markers;
- To subscript additional specific services, such as the Marcella newsletter, and other similar information bulletins about Marcella activities;
- To carry out activities connected to marketing, market research, and statistical processing.
In processing personal data that may, directly or indirectly, identify you, Marcella aims to abide by the principle of strict necessity. For this reason, Marcella set up this site in such a way as to reduce the use of your personal data to the absolute minimum: therefore, your personal data are not processed when the purpose of the specific activity can be achieved by using anonymous data.
Marcella may use your personal data to send you advertising about its products and services only if you grant your consent.
The “Marcella Customers” database is under the exclusive ownership of Risetex Inc.; it is available and may be shared only with other companies legally affiliated with Risetex Inc. Risetex Inc. (dba Marcella) does not sell, rent or disclose its customers’ names, addresses, email addresses or other personal information to any entity not legally affiliated with Risetex Inc.,, except for cases in which such communication is mandatory by law or is required for purposes envisaged by the law, for which the person’s consent is not required; in these cases the personal data may be made available to third parties who will process the data autonomously and exclusively for such purposes.
For maintenance of the website, and to provide the e-commerce services and communication to its Customers, Risetex Inc. uses the services of a third party company. If necessary, the personal data shall be processed by this third party company only in the case in which this is instrumental to the collaboration of the third party with Risetex Inc., and in respect of rigid constraints regarding contractual confidentiality. The data shall also be able to be communicated to consultants assisting Marcella for the management of electronic billing (mainly internet providers, shipping companies), banks and credit control agencies.
"Use of this site requires personal data processing of a client in the following matter: ... (for example: first name and last name, phone number, e-mail, billing address, etc.). Data will be processed by Risetex Inc. in a way that is crucial to agreeing on a contract, as well as its fulfillment. Transaction data, in that personal data, can be transferred for the benefit of Shopify Payments, Paypal and/or QuadPay, in connection with services or order payments. A client has the right to see the content of his data and any corrections made to it. Sharing of information is voluntary, however, at the same time please note that it is crucial to the use of this site."
This website www.marcellanyc.com is operated by Risetex Inc., a corporation organized under the laws of the State of Delaware in the United States of America , with a principal place of business at 30 N. Maple St., Florence, MA 01060. Throughout the site, the terms “we”, “us” and “our” refer to Risetex Inc. (referred to as “Supplier” hereinafter). The Supplier offers this website, including all information, tools, and services available from this site to you, the user resident in any of the countries where this website is or will be active (hereinafter, the “Customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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. Parties to the distance contract of the items posted on the site are The Supplier and the Customer who made the order. Execution of the order requires pre-registration of the site by the Customer by creating his own profile.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Please note that only one coupon could be applied with each purchase.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated to, limit the sales of our products or Services 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 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.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION. PRICING AND PAYMENT. DELIVERY.
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 agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
The Supplier is not responsible for any use, disclosure or loss of data resulting from the user's failure to comply with the previous provision.
The Customer has the right to access, update or adjust his / her profile.
The information provided for delivery of an order, that is in processing state cannot be updated and/or corrected.
The user may terminate his / her registration at any time by deactivation of his/her profile from the online store.
Orders can be made through the site or mobile version daily without any time limit.
Orders placed after 5:00 pm on a business day (Monday-Friday) shall be processed the following working day after 09:00.Orders placed on weekends (Saturdays and Sundays, public holidays and all non-working days) are processed after 09:00 am on the first following business day. Before finalizing the order via the "confirm" button, the Customer has the opportunity to review the items they buy, their prices, their details (names, e-mail, telephone, and address and delivery method) by checking their shopping bag. Any order placed by Customer shall be binding on the Supplier only upon acceptance and further confirmation by the Supplier, to be sent to the Customer through an e-mail message. The confirmation contains information about the subject, the price, and the chosen payment method.
The Supplier may at its own discretion refuse any order, or decide whether or not to totally or partially accept any modifications to the order requested by the Customer, provided that requests reach the Supplier before shipment of the selected items.
The Customer can track the status of current and previous orders from their Client Profile.
If any item that Customer has ordered is not available (not only temporarily), the Supplier shall not be bound by any obligation to deliver; in this event, the Supplier will inform Customer about non-availability of the ordered item and reimburse the amount, if any, already received in payment of relevant price. Any sale agreement between the Supplier and Customer shall be understood as concluded only upon written confirmation of the order sent to Customer through an e-mail message by the Supplier. By finalizing the order within the meaning of the previous provision and accepting these Terms, the User agrees to receive the required documentation and information on the email address specified on their profile. The items’ prices shall always be invoiced in USD currency and include all taxes and fees required by U.S. law. The Supplier shall use its best endeavors to procure that prices indicated on this website are correct and updated.
Prices are subject to no change from the time of order until the time of payment.
In addition to the price, the consumer should pay the cost of any additional services, such as packing, delivery, and shipping costs, to the address he/she mentions. The price of additional services is explicitly and in detail indicated next to the "confirm" button. Shipment and delivery costs shall be charged on the Customer at the time of shipping the ordered item, according to the delivery fees in force at that time and as indicated in the applicable section of this website.
Payment shall be made by Customer at the time of placing the order either by credit card or as otherwise specified in the applicable section of this website.
Delivery of items purchased by the Customer shall be made to the indicated delivery address by courier service. Shipping costs and time of delivery may vary on a country basis, with a maximum delivery frame of 14 days; should delivery be delayed due to circumstances beyond the reasonable control of the Customer shall be notified with an alternative date of delivery.
The Supplier is entitled, at its discretion, to withhold, suspend or cancel delivery or fulfillment of any of its obligations under any sale contract with the Customer in case of material non-fulfillment by the same Customer of obligations arising out of previous or concurrent sale contract(s) with the Supplier.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, farm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your own risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Supplier, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Supplier and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Massachusetts (U.S.A.).
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
SECTION 21 - PAYMENT PROVIDER
Payments are serviced by Shopify Payments, Paypal or Quadpay, as applicable.