Terms of Service

I.               Introduction
Welcome to the Martinela website, operated and provided as a service to our customers. These Terms of Use apply to all users, including browsers, vendors, customers, merchants, and content contributors. By visiting our site or purchasing any items, you engage in our "Service" and agree to abide by the following terms, conditions, and policies (collectively referred to as "Terms of Service" or "Terms"). Acceptance of these Terms is required for accessing and using the site, as well as for engaging in any purchases or other services provided by Martinela.
 
Martinela offers this website, including all information, tools, and services, to you on the condition that you accept all terms, conditions, and notices herein. Throughout the site, terms like "we," "us," and "our" refer to Martinela.
 
Please read these Terms of Service carefully as they affect your legal rights, including a waiver for class action and jury trial, and require binding individual arbitration to resolve most disputes. Arbitration typically allows for limited discovery and fewer appellate review options than court proceedings. By accessing or using our site, you consent to be bound by these Terms. If you do not agree, please discontinue use of the site.
 
We reserve the right to update or modify these Terms at any time without prior notice. You can review the most current version here, and your continued use of the site after any modifications constitutes acceptance of those changes. Additionally, any new features or tools added to the current store will also fall under these Terms.
 
Our store is hosted on Shopify Inc., which provides us with the e-commerce platform to facilitate the sale of our products and services.
 
II.              Terms for online store
By accepting these Terms of Service, you confirm that you are either of legal age in your state or province of residence, or, if you are of legal age, you have provided us with your consent to allow any minor dependents to access this site.
 
You agree not to use our products for any unlawful or unauthorized activities and agree that, in using the Service, you will not violate any applicable laws in your jurisdiction, including but not limited to copyright regulations.
 
You are strictly prohibited from transmitting any viruses, worms, or harmful code of any kind. Any breach or violation of these Terms will lead to an immediate termination of your Services.
 
III.             General Conditions
Martinela reserves the right to deny service to anyone at any time and for any reason. Please note that your content (excluding credit card information) may be transmitted without encryption and may involve (a) transfers across multiple networks and (b) adjustments to align with technical requirements of connecting networks or devices. However, credit card information will always be encrypted during network transmission.
By using our services, you agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the service, access to the service, or any contact available on the website through which the service is provided, unless expressly permitted in writing by Martinela.
 
The headings in this agreement are included for convenience only and do not limit or influence the interpretation of these terms.
 
IV.           Conduct on the Site and Prohibited Uses
Certain features on this Site may require registration. By registering and using the Site, you agree to provide true, accurate, current, and complete information about yourself.
 
Some features of this Site may also require a password, and you are solely responsible for safeguarding it. You agree that any statements made, actions taken, or omissions occurring under your password are your responsibility. If you suspect any loss, theft, or unauthorized use of your password, please notify Martinela immediately. Unless informed otherwise, Martinela may assume any activities conducted under your password are authorized by you.
 
You and any third parties acting on your behalf are prohibited from framing this Site or using any of Martinela’s proprietary marks, including trademarks, as meta tags, without written consent. You may not use framing or similar techniques to enclose any Site content, nor use any content from the Site in meta tags or “hidden text” without express written consent.
 
           ·       Prohibited Uses
In addition to other restrictions stated in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (d) to infringe on Martinela’s or any third party’s intellectual property rights; (e) to harass, defame, abuse, insult, harm, 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 malicious code that may affect the functionality or operation of the Site, related websites, or the Internet; (h) to collect or track the personal information of others without consent; (i) to engage in activities such as spamming, phishing, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent any security features of the Site, related websites, or the Internet.
 
We reserve the right to terminate your use of the Site or any related services if you engage in any of these prohibited activities.
 
V.            Accuracy of billing and account information
At Martinela, we reserve the right to refuse any order at our discretion. We may limit or cancel quantities purchased per individual, household, or order, and these restrictions may apply to orders placed under the same account, credit card, billing, or shipping address. Additionally, orders that, in our judgment, appear to be placed by dealers, resellers, or distributors may be restricted. If a change or cancellation is made to an order, we will make an effort to inform you via the email, billing address, or phone number provided during the order process.
 
To facilitate smooth transactions, you agree to provide current, complete, and accurate purchase and account information for all purchases made with us. This includes promptly updating your account details, such as email addresses, credit card information, and expiration dates, ensuring that we can process transactions and communicate effectively when necessary.
For further information, please consult our https://martinela.shop/pages/return-and-refund-policy.
 
VI.           Use of Third-Party Content and Optional Tools
Certain features, tools, and functions on Martinela’s website may be provided by third-party vendors (referred to as “Third Party Providers”). Any access to or use of such third-party content or tools (“Third Party Content”) may require compliance with terms and conditions set by those Third Party Providers. By using these features, you acknowledge that Martinela’s Terms of Use do not govern your interactions with Third Party Content, and that you are solely responsible for understanding and following the applicable terms set by the respective providers.
 
Martinela offers these third-party features, tools, and content “as is” and “as available,” without any warranties, endorsements, or assurances from Martinela regarding their performance or reliability. We assume no liability for any issues, claims, or damages arising from your use of these third-party resources, and any disputes or claims related to such use must be directed to the applicable Third Party Provider, not to Martinela.
 
Additionally, any use of optional third-party tools is at your own risk. Martinela encourages users to review and approve the terms and conditions directly with each third-party provider before use. Future updates, new features, or tools introduced by Martinela will also be subject to these Terms of Use.
 
VII.          Links to other websites and services
The Sites may include links to other websites, some operated by Martinela or its affiliates and others by third parties. These links are provided solely for your convenience and as additional access to information. Martinela has not necessarily reviewed the content on these sites, nor does it endorse or take responsibility for any third-party sites, materials, products, or services available through these links. If you access these links, you may leave our Sites, and your activities will be subject to different terms, conditions, and privacy practices. Martinela is not liable for any losses, damages, or other liabilities arising from your interactions with any linked sites, purchases, or other transactions with third-party websites. Please carefully review the terms, policies, and practices of any third-party website before engaging in transactions or other activities. Any complaints, claims, or concerns regarding third-party products should be directed to the third party directly.
 
VIII.        Site Content Policy
Unless otherwise specified, the Sites and all materials on them—including text, images, designs, graphics, icons, photographs, video clips, audio clips, downloads, code, and software—along with all copyrights, trademarks, trade dress, and other intellectual property rights (collectively, the "Contents"), are exclusively owned, controlled, or licensed by Martinela or its licensors and are protected by copyright, trademark, and other applicable laws. These materials are provided solely for personal, non-commercial use to promote Martinela’s products and services. You may access, download, or print the Contents for personal purposes only, provided you do not alter or remove any copyright, trademark, or proprietary notices. No right, title, or interest in the downloaded materials is transferred to you, and any other use—including reproduction, distribution, modification, creation of derivative works, sale, or any form of exploitation—is strictly prohibited. Martinela controls and operates the Sites from its offices and retains full ownership of all materials, including associated intellectual property rights.
 
The use of any contact information provided on the Site for unauthorized purposes, including marketing, is strictly prohibited. Additionally, you are prohibited from using hardware or software intended to damage, interfere with, or intercept data from the Site. Any attempt to disrupt the Site’s functionality in any way is forbidden. Martinela reserves the right, at its sole discretion, to limit or terminate your access to the Site at any time without prior notice. Termination of access does not waive any legal rights or remedies to which Martinela may be entitled under law.
 
·       Medical Disclaimer:
At Martinela, we strive to use high-quality materials in our apparel and jewelry. However, some individuals may experience allergic reactions or sensitivities to certain metals or materials, even without known allergy histories. It is the customer's responsibility to ensure that the purchased products are suitable for their personal use. Martinela is not responsible for any allergic reactions, irritation, or other adverse effects that may result from the use of our products. If you have concerns about possible allergies or sensitivities, we recommend consulting a healthcare professional before making a purchase.
 
⚠ Warning (Prop 65 - California):
Certain products in our Fashion Jewelry line may expose you to chemicals, including lead and cadmium, which are known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, visit www.P65Warnings.ca.gov
 
Please note that any content provided on this Site does not constitute medical or health advice. We recommend consulting a healthcare professional before starting any exercise or training program. Martinela is not responsible for any health issues that may result from participation in activities described on this Site or from information obtained from the Site. If you experience any discomfort or pain, you should discontinue the activity immediately. 
 
IX.            Trademarks and copyrights 
The trademarks, logos, and service marks shown on this Site, including those specified here, are registered and unregistered trademarks owned by Martinela, its licensors, content providers, or other third parties. All such trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without prior written permission from the owner, unless explicitly stated otherwise. Martinela reserves all rights not expressly granted in and to the Site and its content. This Site and all its content, including but not limited to text, design, graphics, interfaces, and code, as well as their selection and arrangement, are protected as a compilation under the copyright laws of the United States and other countries.
 
X.             Notice and Procedure for Making Claims of Copyright Infringement
Martinela respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, please provide written notification to Martinela’s designated Intellectual Property Protection Contact with the following information:
 
·      A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
·      Identification of the copyrighted work you believe has been infringed, or, if a single notification applies to multiple copyrighted works on our site, a representative list of those works.
·      A description of the material you believe to be infringing and information sufficient to locate the material on our Site
·      Your address, telephone number, and email address for contact.
·      A statement by you that you have a good faith belief that the use in question is unauthorized by the copyright owner, its agent, or the law.
·      A statement that the information in your notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
 
Martinela’s Intellectual Property Protection Contact for notices of copyright infringement on the Sites can be reached as follows:
Legal Department, Martinela LLC.
137 N Oak Park Ave
Ste 215 #5742
Oak Park 60301
Email: martinela.shop@gmail.com
 
This procedure is solely for notifying Martinela that your copyrighted material has been infringed. Please note that Martinela has adopted and reasonably implemented a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
 
XI.            Accuracy, Completeness, and Timeliness of Information on This Site
Martinela strives to provide accurate and timely information on our site. However, certain limitations apply as outlined in the sections below:
Martinela is not responsible if any information provided on this Site is inaccurate, incomplete, or outdated. The content on this Site is intended solely for general informational purposes and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources. Any reliance on the material on this Site is at your own risk.
 
This Site may include historical information, which is provided only for reference and may not be current. We reserve the right to modify any content on this Site at any time, without any obligation to update the information. You agree that it is your responsibility to monitor changes to the Site.
 
Additionally, due to screen settings and photography techniques, some items may appear slightly larger or smaller than their actual size. Certain items may also be displayed at a larger scale to showcase details or at a smaller scale to show the full item.
 
XII.          Errors, Inaccuracies, and Omissions
Our Sites may occasionally contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Sites or in the Service is found to be inaccurate at any time without prior notice (including after you have submitted your order).
 
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any specific update or refresh date applied in the Service or on any related website should not be interpreted as indicating that all information has been modified or updated.
 
XIII.         Disclaimer of Warranties; Limitation of Liability
Subject to applicable law, including liabilities for personal injury or non-waivable rights under New Jersey law, Martinela shall not be liable to you in any way for the use of the Sites, content, or materials accessed on the Sites. This includes, but is not limited to, damages resulting from reliance on information obtained from us, or from issues such as errors, omissions, file or email deletions, operational delays, or performance failures, whether caused by natural events, communication failures, unauthorized access, or other factors. Additionally, Martinela is not liable for any indirect, special, incidental, consequential, punitive, or exemplary damages, including but not limited to lost goodwill, profits, information loss, theft, or corruption, or inability to use the Sites or any of their features. Your sole recourse is to discontinue using the Sites.
 
To the fullest extent allowed by law, any claim or dispute must be notified to Martinela within one year of its occurrence; otherwise, it will be permanently barred.
 
If you reside outside of New Jersey, your jurisdiction may not permit certain limitations on liability in consumer contracts, so some of these limitations may not apply to you.
 
We do not guarantee or represent that your use of our Service will be uninterrupted, timely, secure, or error-free. Results from using the Service are not warranted to be accurate or reliable. You accept that, from time to time, we may remove or suspend the Service indefinitely or discontinue it entirely, without prior notice. Your use or inability to use the Service is at your own risk. The Service and any products provided through it are made available "as is" and "as available" without any express or implied warranties, including implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, or non-infringement.
 
In no event shall Martinela, its directors, officers, employees, affiliates, agents, contractors, 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. This includes, but is not limited to, lost profits, revenue, savings, data, replacement costs, or similar damages arising from the use of the Service or products acquired through the Service, or any other claim related to your use of the Service or any product, including errors or omissions in content or any loss or damage resulting from the use of the Service or any content made available via the Service. Where some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the fullest extent permitted by law.
 
XIV.       Right to change sites
We reserve the right, at any time and at our sole discretion, to alter, suspend, or terminate the Sites or any service, content, feature, or product offered on the Sites, with or without prior notice. We may impose fees for using the Sites, adjust and/or waive any such fees, and extend access or opportunities to certain users or all users of the Sites. You agree that we shall not be responsible to you or any third party for any modifications, suspensions, or discontinuations of the Sites or any services, content, features, or products offered on the Sites.
 
XV.         Changes to terms of use and service
Martinela reserves the right, at its sole discretion, to modify, update, add, or remove any part of these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to periodically review the Site for any updates or changes to the Terms of Use. Your continued access or use of the Site following the posting of changes constitutes your acceptance of the revised terms.
 
If material changes are made to the Terms of Use, a notice will be posted on the homepage, and the updated terms will become effective up to thirty days after they are published on the Site. You may review the latest version of the Terms of Use at any time on this page.
 
XVI.       Pricing Policy and Modifications to Service
The listed or strike-through price represents a price at which we previously offered the product, or a comparable product, either in our stores, online, at pop-up events, bazaars, concept stores, or similar sales venues within a recent period or past season or reflects the market value of a similar item. This price may not reflect the current price in effect in our stores, online, at pop-up events, bazaars, concept stores, or similar sales venues on any specific day or location.
 
Prices for our products are subject to change at any time without prior notice. We reserve the right to modify or discontinue any part of the Service or content offered without notice. We are not liable to you or any third party for any changes in price, modifications, suspensions, or discontinuations of the Service.
 
Clarifying Note:
Currently, Martinela only operates an online store.
 
XVII.      Product Information
Many products displayed on the Sites may be available in select stores within the United States and, in some cases, specific international markets. Prices displayed on the Sites are in U.S. Dollars. Certain products are available exclusively online through the Sites, and these items may have limited quantities. Such products are subject to return or exchange solely through the Sites, following our Refund Policy: 
https://martinela.shop/pages/return-and-refund-policy
 
We make every effort to display product colors, styles, and images as accurately as possible on the Sites. However, we cannot guarantee that the color or style displayed on your computer monitor or mobile device will be fully accurate.
 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic area, or jurisdiction, and we may make such decisions on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services offered. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service on the Sites 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.
Clarifying Note:
Currently, Martinela only operates as an online store
 
XVIII.     User Comments, Feedback, and Other Submissions
Martinela values your feedback and appreciates hearing your thoughts on our products and services. However, while we welcome your input, we cannot accept or review unsolicited creative ideas, suggestions, proposals, plans, or other materials ("Proposals") outside of those specifically requested by us. This policy is intended to avoid any potential misunderstandings if Martinela develops projects that may resemble ideas submitted by others. For this reason, we kindly request that you refrain from sending unsolicited Proposals through any communication channel.
If you submit specific content at our request (such as contest entries, reviews, or photos) or post comments, images, reviews, or other content on the Sites without a request, you agree that Martinela has the unrestricted right to edit, copy, publish, distribute, translate, and otherwise use your submissions ("Comments") in any format or medium. Martinela is not obligated to (1) treat your Comments as confidential; (2) provide compensation for your Comments; or (3) respond to your Comments. We reserve the right, but have no duty, to monitor, modify, or delete any Comments that we consider, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violate intellectual property rights or our Terms of Service.
 
You agree that your Comments will not violate the rights of any third party, including copyrights, trademarks, privacy, or any other personal or proprietary rights. Additionally, you agree that your Comments will not contain unlawful, abusive, defamatory, or obscene content, nor any viruses or malware that could impact the Site’s functionality. You must not use a false email address, impersonate another person, or otherwise mislead Martinela or others as to the origin of any Comments. If you received any form of compensation or incentive for posting Comments, you agree to disclose this information clearly in accordance with our Endorsement Policy. You are solely responsible for the accuracy of any Comments you submit. Martinela is not liable for any Comments posted by you or third parties.
 
XIX.        Your Personal Information
Our Privacy Policy details how we collect, use, and share your personal information when you access or use our websites, mobile applications, and other online services. Please review our Privacy Policy to understand how we handle your personal information, including information on your privacy rights and options. The Privacy Policy can be accessed through the link located at the bottom of the Sites. Additionally, any submission of personal information through the store is governed by this Privacy Policy, which can be viewed here:
https://martinela.shop/pages/privacy-policy
 
XX.         Event Participation Waiver and Release
By registering for an activity offered through the Sites, such as a pop-up event, trunk show, styling session, or similar gathering (the "Activity"), you agree to assume full responsibility for all risks that may arise from your participation. You acknowledge that the Activity may involve potential risks, including but not limited to minor physical injuries, accidental property damage, or emotional discomfort, which may be caused by foreseeable or unforeseeable factors. You affirm that you are participating in the Activity voluntarily, with full awareness of the possible risks involved, and you expressly assume all responsibility for any and all incidents or injuries
.
In consideration of participating in the Activity, you hereby release, waive, and discharge Martinela, its subsidiaries, affiliates, related entities, and/or assigns, including their respective officers, directors, employees, agents, representatives, successors, and assigns (collectively, “Martinela”), from any and all liability, claims, demands, or losses arising from your participation in the Activity. This waiver includes, without limitation, any claims for accidents, negligence (yours and/or Martinela’s), equipment malfunction, damage to personal property, or incidents caused by environmental or situational factors.
 
You acknowledge that you have read and fully understand this release of liability, and you agree to waive any right to initiate legal action against Martinela for any incidents arising from or in connection with the Activity.
Furthermore, by participating in the Activity, you grant Martinela the right to record, photograph, or otherwise capture your comments, name, voice, image, and/or likeness (collectively, “Materials”) during the Activity. You authorize Martinela to use, reproduce, publish, and distribute these Materials in any format or media, including online, digital, multimedia, or print, worldwide, without limitation on frequency, for promotional, commercial, or informational purposes. You waive any right to review or approve the use of the Materials and irrevocably waive all rights associated with "moral rights" that you may have now or in the future regarding the Materials. You further release and discharge Martinela and its representatives from any claims or liability related to the use of the Materials.
 
This agreement is intended to be as broad and inclusive as permitted by applicable law, and if any part of it is held invalid, the remainder shall continue in full force and effect.
 
XXI.        In-store merchandise locator and pick up in store
Customers in the U.S. may have an option labeled “Find It Now” when viewing specific items with a particular size and color. Selecting this option provides information on nearby store availability. However, the availability shown is not guaranteed and may change by the time you visit the store. Additionally, item prices in stores may vary by location and could differ from online prices for the same product.
 
Another option that may appear for U.S. customers is “Pickup in Store,” allowing you to purchase an item online and collect it at a selected location, depending on stock availability. Choosing this feature will prompt a form at checkout to collect your name, email, and optionally, your mobile number. This contact information will be used by Martinela to keep you updated on your Pickup in Store order via email (and by SMS text if you provide a mobile number). Martinela will only use this contact information for order updates or other purposes you agree to, as outlined in our Privacy Policy. You may also receive a brief survey about your experience using this feature.
 
By providing your mobile number and selecting SMS updates for Pickup in Store, you agree to receive messages regarding the status of your items and program participation (including opt-out confirmations). Typically, you will receive around three messages per item purchased. Submitting your mobile number is not required to make a purchase. To stop receiving these messages, reply “STOP” at any time. Standard messaging and data rates may apply.
 
           ·       Clarifying Note:
Currently, Martinela only operates as an online store and at the moment does not offer the “Find It Now” or “Pickup in Store” options.
 
XXII.       Indemnification
You agree to indemnify, defend, and hold Martinela, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any and all claims, demands, damages, costs, and expenses, including attorneys' fees. This protection applies to any third-party claims arising from your use of the Sites, any breach by you of these Terms of Use or referenced documents, or your violation of any law or third-party rights.
 
XXIII.     Entire agreement and admissibility
This Agreement, along with any policies or operating rules posted by Martinela on this Site, represents the complete and final agreement and understanding between you and Martinela regarding the subject matter herein, superseding all previous or simultaneous agreements, communications, and proposals, whether oral or written, related to this subject matter. A printed copy of these Terms of Use shall be admissible in any judicial or administrative proceedings involving or related to the use of the Site, under the same conditions as other business records originally created and maintained in printed form. Martinela's failure to exercise or enforce any right or provision within these Terms shall not be interpreted as a waiver of that right or provision, and any ambiguities in the interpretation of these Terms shall not be construed against Martinela as the drafting party.
 
XXIV.    Dispute Resolution (including arbitration agreement, class action waiver, jury trial waiver)
Kindly review this section carefully as it impacts your legal rights. It establishes that most disputes will be resolved through individual arbitration rather than court trials or class actions. Arbitration is a less formal process compared to court litigation, involving a neutral arbitrator instead of a judge or jury, with more restricted discovery. Arbitration decisions are final and binding, subject only to limited judicial review. This section also includes a waiver of the right to a jury trial and any rights to initiate or participate in class, collective, consolidated, private attorney general, or representative actions in both arbitration and litigation, to the maximum extent permitted by law.
 
           ·       Arbitration Agreement
·      Binding Individual Arbitration for Martinela
All disputes or claims arising from or related to this Agreement, your use of Martinela's website, or your relationship with Martinela, regardless of whether the claims are based on contract, tort, statute, fraud, misrepresentation, or other legal theories (“Dispute”), shall be resolved exclusively through binding individual arbitration. However, either party may choose to have the matter heard in a small claims court, provided that it remains within the jurisdiction of such a court and is not escalated or transferred to a general jurisdiction court. Determination of whether a Dispute falls within small claims court jurisdiction will be initially made by the small claims court, unless otherwise agreed upon by both parties.
The term "Dispute" is to be interpreted expansively and includes, but is not limited to:
 
(1) any disputes or claims that arose prior to the existence of this or any previous Agreement (including claims related to advertisements);
(2) any disputes or claims that are currently part of a proposed class action lawsuit in which you are not part of a certified class; and
(3) any disputes or claims that may arise following the termination of this Agreement. However, "Dispute" does not include matters related to patents, copyrights, trademarks, trade secrets, or claims of unauthorized use or piracy of intellectual property.
 
The arbitrator will have the authority to decide all issues, with the exception of the following, which will be decided by a court of competent jurisdiction:
(1) issues that this Agreement explicitly reserves for court determination.
(2) issues concerning the scope, validity, or enforceability of this arbitration agreement, the class action waiver, jury trial waiver, or any provision of this Dispute Resolution section; and
(3) issues regarding the arbitrability of a particular Dispute.
This Agreement and the arbitration provision do not restrict your right to bring a Dispute to the attention of a government agency. Both parties acknowledge that this Agreement involves a transaction in interstate commerce, and therefore, this arbitration provision shall be governed and enforced under the Federal Arbitration Act and applicable federal arbitration laws, rather than state arbitration laws.
           
·      Mandatory Informal Dispute Resolution Process for Martinela
Aware of the high costs associated with legal disputes, both in financial terms and in time and effort, both parties, you and Martinela, agree to follow the below informal dispute resolution process before proceeding with arbitration. In the event of a Dispute between you and Martinela, the party asserting the Dispute must first send written notice to the other party (via first-class or registered mail). This notice must include the following information:
(1) contact information, including name, address, email address, and phone number;
(2) a detailed description of the nature and basis of the Dispute and any claims;
(3) a detailed description of the relief or resolution sought, including a calculation of it; and
(4) sufficient information to identify any relevant account or transaction.
 
The notice must be personally signed by the party asserting the Dispute (or by their attorney, if represented). If you are the one sending the notice to Martinela, it should be directed to:
 
Legal Department, Martinela LLC.
137 N Oak Park Ave
Ste 215 #5742
Oak Park 60301
Email: martinela.shop@gmail.com
 
If Martinela is sending the notice to you, it will be sent to your last registered billing address or the billing and/or shipping address listed in your online profile.
 
For a period of 60 days from the receipt of a complete notice (extendable by mutual agreement), both you and Martinela commit to negotiating in good faith to attempt an informal resolution of the Dispute.
The recipient of the notice may request a settlement conference by phone to assist in resolving the Dispute. If requested, both you and a Martinela representative will participate in this conference personally (with legal counsel if represented). The conference will be scheduled at a time that is convenient for both parties, which may fall outside the initial 60-day period.
 
Completion of this Mandatory Informal Dispute Resolution Process ("Process") is required before initiating any arbitration claim. If there is a question regarding the sufficiency of the notice or adherence to this Process, either party may submit this issue to a court of competent jurisdiction, which will have the authority to enforce this condition as a prerequisite to arbitration. This authority includes the power to stay any arbitration proceedings and prevent the assessment or collection of arbitration fees.
 
Nothing in this section restricts a party’s right to seek damages in arbitration for failure to comply with this Process, which may be heard by a Process Arbitrator or a merits arbitrator. All relevant limitation periods (including statutes of limitations) will be paused from the date the complete notice is received until the end of this Process. Arbitration may only be initiated if the Dispute remains unresolved after completing this Process.
 
·      Arbitration Procedures
Any Dispute will be arbitrated under the applicable guidelines of the American Arbitration Association (AAA), particularly the AAA’s Consumer Arbitration Rules, where relevant, as adjusted by this arbitration agreement. These rules can be accessed at www.adr.org. Both parties hold the right to question the application of the AAA’s Consumer Arbitration Rules on a preliminary administrative basis. The parties acknowledge that once the AAA administratively registers this arbitration agreement, it meets the Consumer Due Process Protocols, and this registration is definitive, meaning neither a court nor an arbitrator can review it. Should the AAA be unavailable or unwilling to manage the arbitration according to this agreement, both parties will agree on a different administrator. If no agreement is reached, a court of competent jurisdiction will appoint one.
To initiate arbitration, the initiating party must include a certification of compliance with the informal dispute resolution process and sign the demand personally (and their attorney, if represented).
 
For demands directed to Martinela, they should be sent to:
Legal Department, Martinela LLC.
137 N Oak Park Ave
Ste 215 #5742
Oak Park 60301
Email: martinela.shop@gmail.com
 
With adherence to AAA Rules. Similarly, if Martinela initiates the demand, it will be sent to your last known billing address or another provided address, following the AAA Rules.
 
By submitting an arbitration demand, both the party and their attorney (if represented) confirm compliance with Federal Rule of Civil Procedure 11(b), ensuring legitimacy in claims. The arbitrator holds the power to apply any relevant sanctions under Federal Rule of Civil Procedure 11 for misconduct by represented parties and their attorneys.
 
Arbitration can be conducted via phone, video, in-person hearings, or written submissions, with in-person or video hearings being mandatory for Disputes seeking relief of $25,000 or more or any injunctive relief unless both parties agree otherwise. Both parties also reserve the right to request a hearing with the arbitrator, at which both you and a Martinela representative will attend personally (with attorneys if represented). Any in-person hearing will be held in your residing county or an agreed-upon location.
 
An arbitrator may only grant relief that would be available in court on an individual basis, including any injunctive or declaratory relief, strictly in favor of the requesting individual party and limited to their individual claim. To the fullest extent permitted by law, you and Martinela agree that any claim against the other will be made only in an individual capacity and not as part of any class, collective, or representative proceeding.
 
Additionally, unless both parties agree otherwise, the arbitrator may not handle more than one person’s claim or oversee any class or representative proceedings.
 
The arbitrator is required to apply and enforce this agreement as a court would. If, after exhausting all appeals, any limitations on non-individualized relief or class proceedings are deemed unenforceable for a particular claim or relief request (such as a public injunctive relief request), a court of competent jurisdiction will decide that specific claim after all other claims are resolved in arbitration.
 
The arbitrator will provide a written, reasoned decision that details essential findings and conclusions. Following the award, the arbitrator will apply the cost-shifting provisions under Federal Rule of Civil Procedure 68. A judgment on any arbitration award can be entered in a court with proper jurisdiction, provided the award is unsatisfied. Awards do not set precedent in unrelated arbitrations or proceedings where you are not a named party. Arbitration may be initiated at any time, including while a lawsuit is pending, unless the trial has started or a final judgment has been rendered.
 
·      Arbitration Costs
The payment of arbitration fees will follow the established fee schedule under the applicable arbitration rules. Both parties recognize a mutual interest in minimizing expenses and enhancing the efficiency of the arbitration process. To this end, either party may choose to consult the designated arbitration authority regarding the fees involved, and both agree to cooperate in good faith (including legal representatives, if applicable) to ensure the arbitration process remains economically viable for all involved.
 
·      Additional Procedures for Mass Arbitration
Both parties agree that these Additional Procedures for Mass Arbitration (in addition to the general terms of this arbitration agreement) will apply if you choose to participate in a Mass Arbitration. Should 25 or more similar Disputes (including yours) be filed against the company by the same or coordinated counsel or otherwise consolidated (“Mass Arbitration”), you acknowledge and agree that resolving your Dispute may be delayed and may ultimately proceed in court. As part of these procedures, both parties’ counsel agree to meet and confer in good faith with the aim of resolving the Disputes, simplifying processes, organizing the exchange of information, adjusting the number of Disputes to be adjudicated, and conserving resources for both the parties and the arbitration authority. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) will be paused from the time your Dispute is first submitted until it is selected to proceed as part of a staged process or is resolved, withdrawn, otherwise concluded, or opted out of arbitration under this provision.
 
·      Stage One
In cases where 50 or more Disputes are presented under Mass Arbitration, the attorneys representing both the claimants and the company will each select 25 Disputes to move forward as individual arbitration cases within this first phase. If the parties’ legal representatives agree, they may adjust the number of cases for Stage One (if fewer than 50 Disputes are involved, each will proceed separately in this phase). Each selected case will be assigned to a different arbitrator and will proceed on an individual basis. Should any case be withdrawn before an arbitration decision is reached, another Dispute will be chosen to proceed as part of this stage. Claims that remain unselected will not be filed or considered active in arbitration, and no arbitration fees will apply to them. Following this set of cases, the counsel for both parties will participate in a group mediation with a retired judge, jointly chosen by both sides, to attempt to resolve the remaining Disputes based on insights from Stage One outcomes. The company will cover the costs of this mediation.
 
·       Stage Two
If unresolved disputes remain at the end of Stage One, attorneys for both claimants and the company will each select 25 additional disputes to proceed as individual arbitration cases in this second stage. The number of disputes selected for this stage may be increased if both parties agree (and if there are fewer than 50 disputes, all will proceed individually in Stage Two). No arbitrator will handle more than three cases at this stage. If a case is withdrawn before an arbitration award is issued, another claim will be selected to continue in its place. Any remaining disputes will not be filed or considered filed in arbitration, nor will arbitration fees be charged for them. After completing this second round, the parties will enter a global mediation session for unresolved disputes, led by a retired federal or state judge, chosen jointly by both sides, with the aim of reaching a resolution based on the outcomes of Stages One and Two. The mediation fees will be covered by the company.
 
·      Following Mediation in Stage Two
After mediation concludes under Stage Two, any remaining disputes that are unresolved or not withdrawn will exit arbitration and may proceed in a court with proper jurisdiction, in line with the terms of this Agreement. However, both parties' attorneys may agree in writing to address some or all of the remaining disputes through individual arbitrations as outlined in Stage Two. This would involve random selection of disputes, and mediation would be optional if both sides agree, or alternatively, by another mutually accepted approach. A court with proper jurisdiction will have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to halt the initiation or continuation of arbitrations and any associated fees. The provisions for Mass Arbitration and their stipulations form an integral part of this arbitration agreement. If, after all possible appeals, a competent court finds that these Mass Arbitration Procedures apply to your dispute but cannot be enforced, then your dispute will not proceed in arbitration but instead will be heard in court, in line with the Agreement’s remaining terms.
 
·      Future Amendments to the Arbitration Agreement
If any future modifications are made to this arbitration agreement (excluding changes related to Martinela’s contact information), you may choose to reject such amendments. To do so, send a written, personally signed notice within 30 days of the amendment to the following address:
 
Legal Department, Martinela LLC.
137 N Oak Park Ave,
Ste 215 #5742,
Oak Park, IL 60301
Email: martinela.shop@gmail.com
 
Send a clear statement indicating your intent to opt out of the specific changes to the arbitration terms. This written notice only applies to the modification in question and does not exclude you from arbitration entirely. By opting out of a future change, you agree that any Dispute between you and Martinela will continue to be governed by the terms of this version of the arbitration agreement.
 
·      Class Action Waiver and Jury Trial Waiver
YOU AND WE AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR LITIGATION, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, OR AS PART OF A PRIVATE ATTORNEY GENERAL ACTION. BOTH PARTIES WAIVE ANY RIGHT TO INITIATE OR PARTICIPATE IN SUCH ACTIONS IN ARBITRATION OR COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, THE PARTIES RETAIN THE RIGHT TO ENGAGE IN A CLASS-WIDE SETTLEMENT.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, BOTH YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
           
XXV.     Jurisdiction and applicable law 
Except for matters covered by the arbitration agreement, this Agreement and your use of the Sites are governed by the laws of the State of Illinois, without regard to Illinois' conflict of law principles. If the arbitration agreement is found to be unenforceable or void, or if a dispute between the parties falls outside its scope, you consent irrevocably to the exclusive jurisdiction of the federal and state courts located in Cook County, Illinois, for any legal action arising from or related to the use of the Sites or this Agreement. You also waive any objections to personal jurisdiction or to venue in such courts based on (1) inconvenient forum or (2) any other grounds or rights to seek a transfer or change of venue for any such action to a different court.
 
We recognize that you may access this Site from jurisdictions worldwide, but we do not have the practical ability to prevent such access. This Site is designed to comply with the laws of the State of Illinois and the United States. If accessing this Site or any materials herein conflicts with the laws of the jurisdiction from which you access it, the Site is not intended for you, and we ask that you refrain from using it. You are responsible for familiarizing yourself with and adhering to the laws of your jurisdiction.
 
XXVI.    Termination
Either party may terminate this Agreement at any time. You may do so by notifying us that you no longer wish to use our Services or by ceasing to use our Site. We may also terminate this Agreement at any time without prior notice if, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms.
 
Upon termination, any obligations and liabilities incurred by either party prior to the termination date shall remain in effect for all purposes.
Additionally, you will be responsible for any outstanding amounts due up to and including the date of termination, and we may deny you access to our Services, in whole or in part. These Terms of Service will remain effective unless and until terminated by either you or us.
 
XXVII.  Severability and Survival
Unless stated otherwise in this Agreement, if any provision is found to be unlawful, invalid, or unenforceable for any reason, it will be considered separable from the Agreement and will not impact the validity and enforceability of the remaining provisions.
 
Additionally, apart from provisions that inherently remain effective upon the termination or expiration of this Agreement, the following sections will also continue to apply:
(1) Indemnification; (2) Disclaimer of Warranties; Limitation of Liability; (3) Dispute Resolution (including Arbitration Agreement, Class Action Waiver, Jury Trial Waiver); and (4) Jurisdiction and applicable law.
 
XXVIII. General
Any waiver of a provision within this Agreement shall not imply a waiver of any other provision or affect Martinela's right to enforce strict adherence to each term stated herein. This Agreement represents the full and complete understanding between us regarding your use of the Sites.
 
XXIX.    How to contact us
Should you have any inquiries or feedback regarding these Terms of Use or this Site, please reach out to us through one of the following methods:
Mail us at:
 
Legal Department, Martinela LLC.
137 N Oak Park Ave
Ste 215 #5742
Oak Park 60301
Email: martinela.shop@gmail.com
We appreciate your visit to our Site.