TERMS AND CONDITIONS USE

General

www.toddandmarlon.com is the official website for Todd & Marlon LLC, and its parents, subsidiaries and affiliates (collectively, “Todd & Marlon”). We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the www.toddandmarlon.com web site (the “Site”) constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Site Usage Policy

I Security

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

1.       Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access

2.       Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised

3.       Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization

4.       Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”

5.       Sending unsolicited e-mail, including promotions and/or advertising of products or services

6.       Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting

7.       Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

II General Rules

You agree to use the Site only for lawful purposes. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

III Violations

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio, video clips, text, layout, graphics, messages, files, documents, and written and other materials that appear as part of the Site (collectively, the “Contents”) whether publicly posted or privately transmitted, as well as all derivative works are property owned, controlled, licensed or used with permission by Todd & Marlon, and/or its parents, subsidiaries and affiliates. The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by Todd & Marlon or used with permission. www.ToddAndMarlon.com, Todd & Marlon, the Todd & Marlon logo, and all other trademarks appearing on this Site are trademarks of Todd & Marlon or are licensed or used with permission of the owner by Todd & Marlon You agree not to display or use such trademarks without Todd & Marlon’s prior written permission.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), republish, publish, upload, post, transmit, distribute (including by email or other electronic means), publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of Todd & Marlon or the owner of such material. All rights not expressly granted herein by Todd & Marlon to you are reserved by Todd & Marlon and/or its licensors. Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Product Distribution and Availability

Todd & Marlon’s products displayed on the Site may also be available in select department and/or company-owned stores worldwide while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Todd & Marlon makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location. Any prices displayed on the Site are quoted in U.S. Dollars unless indicated otherwise.

Site Transactions

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 we make a change to or cancel an order, we will 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.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Todd & Marlon on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Todd & Marlon’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Todd & Marlon of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Todd & Marlon is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Contact Information

If you elect to provide Todd & Marlon with your email address and check the box to receive email offers, you agree that Todd & Marlon may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Todd & Marlon’s products or services, or for such other purpose(s) as Todd & Marlon deems appropriate. You agree that Todd & Marlon may use and/or disclose information consistent with our Privacy Policy.

Links to Other Web Sites

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which Todd & Marlon does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. Todd & Marlon makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by Todd & Marlon

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, availability, shipping, store locations and job postings. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. Todd & Marlon MAKES NO REPRESENTATION OR WARRANTIES AS TO ACCURACY. EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME EXCLUSION MAY NOT APPLY.

Limitation of Liability

To the maximum extent permitted by law, Todd & Marlon LLC and its parent, subsidiary companies and/or any of its affiliated entities (the “Todd & Marlon”) exclude all liability for any damages (howsoever arising, including without limitation through contract, tor (including negligence), breach of statutory duty or otherwise) arising out of or in connection with your access to (or inability to access) or use of the Site and its contents. All conditions, warranties and other terms which may be implied by statute, common law or otherwise are hereby excluded to the maximum extent permitted by law. In no event shall the Todd & Marlon or their respective officers, directors, contractors, employees or agents be liable for: (i) any indirect, special, or consequential loss or damage, or (i) loss of profit, (iii) loss of business, (iv) loss of contract, or (vii) loss of data, in each case, incurred by any user in connection with the Site, any sites linked to it and any materials posted on it, even if Todd & Marlon has been previously advised of the possibility of such damage. Nothing in these Terms of Use shall exclude or limit our liability for death or personal injury arising from our negligence, any breach of the obligations implied by applicable law, or for any fraud, or fraudulent misrepresentation or any other liability to the extent it cannot be waived or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold Todd & Marlon harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Governing Law and Jurisdiction

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York. The courts at the registered office of Todd & Marlon will have exclusive jurisdiction over any claim or any dispute arising from, or related to, a visit to the Site. Todd & Marlon reserves the right to bring proceedings against you for breach of these Terms of Use in your State of residence or any other relevant State.

Notices for Reporting / Making Claims of Copyright Infringement

Todd & Marlon will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Todd & Marlon’s copyright agent the written information specified below:

1.       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

2.       A description of the copyrighted work that you claim has been infringed upon

3.       A description of where the material that you claim is infringing is located on the site

4.       Your address, telephone number, and e-mail address

5.       A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

6.       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website: Todd & Marlon Webmaster at info@toddandmarlon.com

 


 

RETURN POLICY

Due to the nature of the online site, Todd & Marlon has a no-return policy on all items including regular, sales, and final sale items.

The exceptions to this policy are in the event i) we ship an item other than the one specifically ordered and ii) you receive a damaged or defective item. Please be sure you are ordering the correct item before placing an order and don't hesitate to ask us for assistance in selecting the correct item if in doubt.  If your item is damaged or faulty upon arrival, you can return it and get a replacement (we do not refund). 

If you receive a damaged or defective item contact Todd & Marlon (info@toddandmarlon.com) within 3 calendar days from receiving the item. In your note please explain the problem with the item and if possible attach a photo, add your name and address. After we receive all your information and validate the return, we will then email you a return shipping form that already includes all your data. Simply print it and attach it on the shipping carton. Place the item in the original box, and then into the shipping box and send it back to us. As soon as we receive the item back and all is fine, we will then send you back the same item. If the return request is executed after the above mentioned 3 days then the warranty policy might apply - please refer to below section.

We stand behind our goods and services and want customers to be satisfied with them. We'll always do our best to take care of customers — our philosophy is to deal with them fairly and reasonably; we hope they will be fair and reasonable with us as well. 

TO NOTE: Under the EU’s distance selling laws, buyers in EU have the right to return certain products for any reason by contacting the seller within 14 days. This 14-day period will start the moment a customer receives a product, rather than at the time he or she purchases it. Within that time frame, buyers can change their minds and return products without providing a reason.  Buyer is responsible for paying return shipping costs, fees and insurance.

 


 

WARRANTY

Todd & Marlon LLC (T&M) warrant the faultless functionality of our Todd & Marlon timepieces sold worldwide in respect of its movement, hands and dial for the period of 2 (two) years from purchase date stated by the invoice. The warranty is given to the original buyer only and can’t be transferred to other persons. 

The warranty does not cover any defects caused by inappropriate handling of the watch or accidents. The warranty expires as soon as the watch is repaired or modified by persons not authorized by T&M. 

The warranted performance is restricted to reparation or substitution of the defective watch only. In case of a defect within the warranty period T&M choose between reparation and substitution of the watch by the same model at their own discretion. The warranty is only granted upon presentation of the defective watch, the invoice and evidence for the defect appeared within the warranty period. This evidence is also given by sending the defective watch to T&M within the warranty period.

Performing the warranty T&M send the watch repaired or substituted to the buyer at our risk and costs. However, the buyer sends the watch to T&M on his/her risk and costs. To check the warranty claim in advance T&M recommend sending an e-mail with a photo of the defective watch, a description of the problem and a copy of the invoice. T&M will then get in contact with the buyer as soon as possible.