1. general

these general terms and conditions of use ("terms" or “Terms of Use") are entered into by and between you and susana monaco.com. in consideration of your use of and access to this internet website (“susana monaco.com website”) and the promises and obligations herein, and intending to be legally bound, you and susana monaco.com hereby agree that your access to and use of the susana monaco.com website is subject to these terms, as well as any modifications issued by susana monaco.com to these terms, and all applicable laws and regulations. by using this website, you agree to and will be deemed to be bound by these terms. if you do not want to be bound by these terms, do not use the susanamonaco.com website. among other things, susana monaco.com provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. these terms and the information provided by susana monaco.com in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. to the extent any area within the susana monaco.com website contains specific terms and conditions concerning its use ("specific terms"), those specific terms are in addition to these terms. to the extent there is a direct conflict between these terms and the specific terms, the specific terms shall prevail.

our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

by making a purchase from susanamonaco.com, you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shopping and credit card authorization.

we respect our customers and we understand that you may have concerns about privacy. please read our Privacy Policy that explains how we treat your personal data and protect your privacy when you use our susanamonaco.com. by using our website, you agree that we can use such data in accordance with our privacy policy.

in addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using susanmonaco.com or any content therefrom for reasons including but not limited to the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or 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 site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of susanamonaco.com, other websites, or the Internet. this list is in no way exhaustive. we reserve the right to terminate your use of the site for violating any prohibited uses.

by agreeing to these Terms of Use, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use our site.

if you use susanmonaco.com you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. we DO NOT SELL PRODUCTS FOR PURCHASE BY CHILDREN. we do not direct our site to, nor do we knowingly collect any personal information from, children under the age of eighteen. if you are under the age of 18, you may access and use this site only with the involvement of a parent or guardian. each time you use susanamonaco.com, you are representing that you are 18 years of age or older. we reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

susanamonaco.com is available only for your personal use, which is limited to viewing the site, providing information to the site, downloading product information or other materials made available for download for your personal use, the purchase of products, and accessing any other features or functions made available to you on the site. you may not use the site content or code from the site for any purpose other than those described in these Terms of Use.

2. changes in terms

susanamonaco.com shall have the right at any time and without prior notice, at its sole discretion, to revise these terms or to impose new terms and conditions with respect to access to or use of the susana monaco.com website. such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the susanamonaco.com website. you are responsible for reviewing the terms periodically for any modification that may affect your rights or obligations hereunder. you agree that you shall be deemed to be apprised of and bound by any modification by susana monaco.com to these terms. any access or use of this website by you after notice of revisions or additions to these terms shall constitute and be deemed to be your acceptance of such revisions or additions. no modification to these terms by any party other than susanamonaco.com shall be valid or enforceable against susanamonaco.com unless expressly agreed to by susana monaco.com in a writing signed by a duly authorized officer of susanamonaco.com.

3. termination

susanamonaco.com reserves the right to immediately terminate this agreement and/or your access to and use of the susana monaco.com website or any portion thereof, at any time and for any reason, with or without cause. susanamonaco.com shall have no liability for termination of this agreement. upon termination of this agreement, your right to use the susana monaco.com website shall immediately cease.

4. compliance with laws

you agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the susana monaco.com website and your purchase of items from susanamonaco.com (if applicable) on the susanamonaco.com website.

5. content

all design and content featured on the susana monaco.com website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "content", and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by susanamonaco.com. this website in its entirety is protected by copyright and applicable trade dress. the content may contain errors, omissions, or typographical errors or may be out of date. susana monaco.com may change, delete, or update any content at any time and without prior notice. the content is provided for informational purposes only and is not binding on susanamonaco.com in any way except to the extent it is specifically indicated to be so. you may view and use the content only for your personal, noncommercial use, and for shopping and ordering on the susana monaco.com website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. except as provided in the foregoing, susana monaco.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content on or transmitted through the susanamonaco.com website, including without limitation by transferring, downloading or otherwise copying any content onto any disk drive or other storage medium. any use of the content, except as specifically permitted in these terms, or as otherwise expressly permitted in the content or in writing signed by susanamonaco.com, is strictly prohibited.

6. linked third party sites

links to other internet websites operated by third parties, including susanamonaco.com vendors, do not constitute sponsorship, endorsement, or approval by susanamonaco.com of the content, policies, or practices of such linked sites. linked sites are not operated, controlled, or maintained by susanamonaco.com, and susana monaco.com is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. links to other sites are provided for your convenience only, and you access them at your own risk.

7. prices and orders

all prices displayed on the susanamonaco.com website are quoted in u.s. dollars. susanamonaco.com may restrict delivery to addresses within the united states and canada. susanamonaco.com will add shipping and handling fees and applicable sales/use tax as necessary. susanamonaco.com reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the susanamonaco.com website without incurring any obligation to you. products displayed on the susanamonaco.com website are available while supplies last. the receipt by you of an order confirmation does not constitute susanamonaco.com's acceptance of an order. prior to susanamonaco.com's acceptance of an order, verification of information may be required. susanamonaco.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from susanamonaco.com, for any reason. susana monaco.com reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. in the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, susanamonaco.com shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. if your credit card has already been charged for the purchase and your order is canceled, susana monaco.com shall promptly issue a credit to your credit card account in the amount of the incorrect price.

By making a purchase, you affirm that you are not relying on the printed matter appearing on the merchandise as an indicator for the source, origin, sponsorship or endorsement of the products. you confirm that you are purchasing these products because of the decorative, artistic design element.

8. Digital Millennium Copyright Act Claims

We respect the intellectual property of others and responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. if you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below:

Notice And Procedure For Making Claims Of Copyright Infringement

if you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed:
an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on susanamonaco.com;
your address, telephone number, and e-mail address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
for notice of claims of copyright infringement on susanamonaco.com please contact us at customerservice@susanamonaco.com.

9. Notice for California Residents

pursuant to CA Civil Code §1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs (https://www.dca.ca.gov) by telephone at (800) 952-5210 or (916) 445-1254. it can also be reached by mail at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

please see the California Consumer Privacy Act section of our Privacy Policy for details about our handling of your information and California resident’s rights.

10. disclaimer

susanamonaco.com makes no warranties or representations whatsoever with respect to the susanamonaco.com website or any linked site or its content, including the content, information and materials on it or the accuracy, completeness, or timeliness of the content, information and materials. susana monaco.com also does not warrant or represent that your access to or use of the susana monaco.com website or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that susanamonaco.com or any linked site is free of computer viruses or other harmful components. without limiting the foregoing, all content and materials on this site are provided to users "as is," with no warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, accuracy, course of dealing, course of performance or usage of trade. the "as is" condition of content is expressly made a condition of any transaction arising through or as a result of the susanamonaco.com website. please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

11. limitation of liability

under no circumstances shall susanamonaco.com, its subsidiaries and affiliates, or their respective directors, officers, employees or agents, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the susana monaco.com website, even if susana monaco.com is expressly advised of the possibility of such damages. in no event shall susanamonaco.com’s liability exceed the price you paid for the product or service that is the subject of the claim.

12. indemnification

you agree to defend, indemnify, and hold harmless susana monaco.com, its subsidiaries and affiliates, susana monaco.com's vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to (i) your violation of these terms, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.

13. severability

in the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. entire agreement

the failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

these Terms of Use and any policies or operating rules posted by us on susanamonaco.com or in constitutes the entire agreement and understanding between you and us and governs your use of the site, 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 Use).

any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. the headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

15. governing law

this agreement is governed by and construed in accordance with the laws of the state of new york, u.s.a., without regards to conflicts of laws principles. you agree to submit to the exclusive jurisdiction of any state or federal court located in new york county, state of new york, u.s.a., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Contact Information
Questions about the Terms of Use should be sent to us at customerservice@susanamonaco.com.
The Terms of Use was last updated on April 9, 2021.