Welcome to AmorettiBrothers online Shop !
Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, you should not use this Site. Since Amoretti Brothers may revise this Agreement at any time, you should visit this page periodically to review the terms of your use. Throughout the Site, the terms “we’, “us”, and “our” refer to Amoretti Brothers.
1.1 These Terms of Sale (“Terms”), set out the terms and conditions that will apply when you place an order through Amoretti Brothers operated web shops. You are required to read and accept these Terms before you submit an order to Amoretti Brothers. Please note that these Terms are subject to change so review and save or print a copy of the current terms and conditions prior to each order that you submit.
1.2 Company information
US official supplier of Amoretti Brothers products
Amoretti Brothers Inc.
555 Madison Ave 5th fl
New York, NY 10022 USA
Company ID: 205023839
Production Facility
Hermandad de la Costa SA de CV
Tlalpujahua del Rayon
Michoacan, 61060
Mexico
Third-Party Warehouse / Shipping & Returns
6110 Bob Bullock LoopLaredo, Texas 78041
All the products available through the web shops are sold and delivered to you by Amoretti Brothers.
1.3 These Terms do not affect your legal (statutory) rights under your applicable national laws relating to the sale of consumer products.
1.4 The sales contract may be concluded in English language.
2.1 Each order submitted constitutes an offer to purchase products. Orders are subject to Amoretti Brothers’ acceptance and may be refused at Amoretti Brothers’ discretion, for example in cases where:
1. orders cannot be processed due to an error in information you have provided;
2. there is an error on the web shop relating to the products that you have ordered, for example an error relating to the price or description of the product as displayed on the web shop; or
3. the products that you have ordered are no longer available through the web shop.
2.2 After Amoretti Brothers receives your order, you will receive an email confirming receipt of your order. If you do not receive an email, contact Amoretti Brothers before you try to place another order for the same product.
2.3 You will receive an email when your order is being dispatched confirming that your order has been accepted.
2.4 If you have any questions, comments or concerns regarding Amoretti Brothers’ order acceptance policy, or if you consider that your order was rejected in error, please contact Amoretti Brothers.
To guarantee the uniqueness and high-quality of our products, all our products are handmade. If a product is not in stock please allow us a minimum of 14-21 days to manufacture it.
Amoretti Brothers will have the right, at any time, to make changes to information about products displayed on the web shops, for example information about prices, description or the availability of products and Amoretti Brothers may do so without first giving you notice of the changes.
Amoretti Brothers will not, however, make any changes to the price, availability or description of any product after an order has been accepted.
You can make changes to or cancel your order at any time before your order has been processed. To make changes to your processed order, please contact Amoretti Brothers. If your order has already been dispatched, (i) for the pre-order products you will be able to request a refund of the product as separately informed by Amoretti Brothers, and (ii) for other products you will only be able to request a refund of the product: please see Return Policy.
For other than pre-order products you can track the progress of your order by logging into your Amoretti Brothers account. For pre-order products the order tracking may be available as separately informed by Amoretti Brothers.
6.1 In some cases some products might not be available for all countries. You will be informed of any such territorial restrictions before you can purchase the product.
6.2 If free shipping is not available in your Country, shipping and handling charges will depend on the value of your order and the country to which the product is being shipped. Any customs duties or tariffs that may be imposed on the deliveries will be paid by you.
6.3 Any delivery dates provided to you in connection with your order are estimates. Although the aim is to provide you with as accurate estimates as possible, Amoretti Brothers cannot promise that they are accurate.
6.4 Amoretti Brothers reserve the right to deliver the ordered products in separate shipments.
6.5 Product that is delivered to you will become your property at the time that you receive it provided that Amoretti Brothers has received full payment for the product. As soon as Amoretti Brothers has delivered the product to you, you will become responsible for it and for any loss or damage to it thereafter.
7.1 The product price is always the price indicated in the web shop when you place your order. Sales taxes apply only for orders within the State of New York.
7.2 Products and their postage are paid in conjunction with the order. The available payment methods are displayed in connection with the product order form in the web shop. Online payment methods are provided by Braintree by Paypal.
7.3 Payments by credit and debit cards:
If you would like to pay by credit or debit card, Amoretti Brothers will act solely as the marketer of the respective payment method and will provide the products to the customer. All complaints and claims for compensation will be handled by the payment method provider. With regard to payments made by credit or debit card, the payment method provider acts as the merchant of the product and the trade transaction takes place between the customer and the payment method provider. The payment method provider is also the recipient of the payment.
7.4 Online banks:
In some countries purchases will also be possible via online payment systems. These services will be offered via Amoretti Brothers’ payment partners in accordance with their terms.
8.1 Refunds or exchanges in case of a faulty product
All our products come with a warranty. Please consider it when you receive a faulty product.
If you wish to exchange or return for a refund a pre-order product which is faulty or otherwise damaged when you receive it, which does not correspond to the description on the web shop, or which develops a fault after you receive it, you can do so in accordance with and pursuant to applicable law and as separately informed by Amoretti Brothers.This provision does not set-aside your mandatory legal rights in this respect.
8.2 Refunds for non-faulty merchandise
You can exercise the right to cancel an order for pre-order product in accordance with and pursuant to applicable law and as separately informed by Amoretti Brothers.
You can exercise the right to cancel an order for product sold and delivered to you by Amoretti Brothers within fourteen (14) days from the date that the product is received in accordance and pursuant to the terms of Return Policy.
9.1 Nothing in these Terms will exclude or limit liability to you for fraud, death or personal injury or any other liability which the law states may not be excluded or limited.
9.2 In no case Amoretti Brothers can be liable to you under this contract for:
a) any loss of profit, loss of income, loss of business, loss of revenue or loss of goodwill;
b) any loss or corruption of or damage to data; or
c) any loss or damage which was not a reasonably foreseeable result of either breach of a contract or breach of legal duty of care.
9.3 You agree to indemnify and hold us (and our directors, employees or partners) 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 it incorporates by reference, or your violation of any law or the rights of a third party.
The contract for sales of products will be solely between you and Amoretti Brothers and is governed by the laws of New York, USA.
If any provision of a contract is not valid or legally enforceable, that term will be deleted and the remaining terms will not be affected.
The Sites contain valuable trademarks and service marks owned and used by Amoretti Brothers, including AmorettiBrothers logo.
Any use of the Amoretti Brothers marks without the prior written permission of Amoretti Brothers is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Amoretti Brothers Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Amoretti Brothers. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED. For claims of copyright infringement, please see our Copyright Policy.
BY USING #AMORETTIBROTHERS, @AMORETTIBROTHERS AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE AMORETTI BROTHERS WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
By submitting User Content and otherwise using the Sites, you agree not to:
(i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Amoretti Brothers all of the rights granted herein;
(ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable;
(iii) use the Sites to harm any person or entity, including Amoretti Brothers
(iv) impersonate any person or entity, including but not limited to, a representative of Amoretti Brothers, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites;
(vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation;
(vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment;
(viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission
(ix) collect, store or use personal information about other users of the Sites without their consent;
(x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services;
(y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or
(z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Amoretti Brothers reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Amoretti Brothers intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, AMORETTI BROTHERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
YOU AND AMORETTI BROTHERS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Amoretti Brothers, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'Amoretti Brothers') arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Amoretti Brothers will provide such notice by e-mail to your e-mail address on file with Amoretti Brothers and you must provide such notice by e-mail to office@amorettibrothers.com.
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Amoretti Brothers and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Amoretti Brothers, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Amoretti Brothers and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Amoretti Brothers nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of New York.
If you have any questions about these Terms, please contact Amoretti Brothers by submitting a request for Service and Support.
