Last updated: January 10, 2019
Neil Marcello Studio (“us”, “we”, or “our”) operates the https://www.neilmarcello.com website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information (“Personal Information”).
We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
For any questions or information regarding Cookies used by our Service, please see our Cookies policy.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
Our store uses the WooCommerce plugin that provides us with the online e-commerce platform capability to sell our products to you.
If you choose a direct payment gateway to complete your purchase, then Braintree Payments stores your credit or debit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, Discover, Diners and JCB.
PCI-DSS requirements help ensure the secure handling of credit card information by our site.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.
Thank you for shopping at Neil Marcello e-store.
If you are not entirely satisfied with your purchase, we’re here to help.
Due to the custom nature of the products on offer, that includes signature of the artist, print numbering, date of the product created and a certification of authenticity provided with each product, there are no refunds offered on any product order.
Our products can be returned for an exchange, within 14 calendar days of the original purchase of the product:
- If the product was damaged during shipping to your address
- In the event that the product order was erroneously processed, for example, an error was made on the size of the product(s), number of products, or number of copies of a particular products(s), or the actual product(s) itself, compared to the original recorded order.
To be eligible for a return for an exchange of the product, please make sure that:
- The product was received in the last 3 calendar days
- The product is in its original packaging
- You have the receipt or proof of purchase
- Photographic proof (4-6) photographs if the print and package was damaged during shipment
Products that do not meet these criteria will not be considered for return or exchange.
Neither Neil Marcello Studio nor any affiliated carrier is responsible for damage incurred during hanging or during any secondary transportation after initial delivery. For this reason, it is strongly recommended that you carefully inspect each product and package upon receipt.
Returning products for an exchange due to damage during shipment
- Please inspect the product and package for damage
- Do not refuse the delivery, but ensure that you inform the delivery representative to note the damage
- Take 4-6 photographs of the damaged product and package
- Please contact us and send us the photographic proof of damage within 3 calendar days from the date you received the shipment:
- Once we have reviewed and approved the photographic proof of damaged product we will issue you a Return Shipping label.
- The product must be returned within 7 calendar days from the time you receive the Return Shipping label.
- Please repackage the damaged product, include all original documents and proof of purchase that came with the product and ship to:
Neil Marcello Studio
745 S 16th St, Floor 1,
Philadelphia, PA 19146
- Once the damaged product has been received and inspected, we will re-issue an exchange of the product with a replacement product of the same criteria, unless specified otherwise by you in which case a price difference will be charged to you for that product’s price difference, and will be shipped to you at no cost within 7 calendar days.
Returning products for an exchange due to erroneous product order(s) shipped
- Please contact us, within 3 calendar days from the date you received the product, of the erroneous product order(s):
- We will issue a Return Shipping label to you via the email address you provided us at the time of placing the order.
- The erroneous product you received, must be undamaged and returned within 7 calendar days.
- Please repackage the product along with proof of purchase and all other paperwork that accompanied the original shipment and ship to:
Neil Marcello Studio
745 S 16th St, Floor 1
Philadelphia, PA 19146
- Once the product has been received and examined for any issues we will ship the correct product at no additional cost to you within 7 calendar days.
To cancel an order please contact us within 3 calendar days from the date of purchase:
We will then reissue the full amount of the charge to the original form of payment within the allotted period of time as designated by the payment transaction company policy that you have used to pay for the order.
Certificate of Authenticity
All products made and sold exclusively on our Service are accompanied by a Certificate of Authenticity (COA), and provides a guarantee of the product’s authorship by the artist Neil Marcello.
Any products(s) not accompanied by the COA for any reason requires that you inform us within 7 calendar days of receiving the product in order for us to provide the COA at no additional cost to you, and thereby not void the authenticity of the product(s) sold to you.
Please note that you will need to provide proof of purchase and any relevant document at the time to ensure you receive the missing COA.
Shipping charges incurred in connection with the return of a product are non-refundable.
You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Neil Marcello.
The only shipping charges you will not incur are when there has been an erroneous product order that was shipped.
All shipping charges are subject to change.
Unless exempt by law, you are required to pay state and city sales taxes as determined by the state of Pennsylvania tax laws, including any further transactional taxes incurred during returns and exchanges unless otherwise noted.
If you claim an exemption from any tax, you are responsible for providing proper documentation.
Any delay in obtaining or failure to obtain any relevant documentation or a refund of any tax will not justify the cancellation of any sale or any delay in paying the Total Purchase Price by the Payment Deadline.
Unless expressly otherwise indicated, all prices listed on the products for sale on Service are exclusive of sales taxes, and applicable sales taxes may be collected from you in addition to any listed price. Failure of Neil Marcello Studio to collect any taxes from you will not relieve you of the obligation to pay them.
All tax amounts are subject to change.
If you received a damaged product, please notify us immediately for assistance.
If you have any questions about our Returns and Refunds Policy, please contact us:
Last updated: January 10, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.neilmarcello.com website (the “Service”) operated by Neil Marcello Studio (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All product prices are subject to change.
We warrant to you for a period of five (5) years from the sale date that if the product(s) sold by the us from our Service, is described as of the sale date in the product listing to be the work of a named authorship without qualification, then the property is authentic and is not a forgery (Authorship Warranty).
All products are signed by Neil Marcello the artist and sold through our Service and are the sole property of Neil Marcello Studio and subject to all copyright laws. All prints sold through our Service only will receive a Certificate of Authenticity (COA) serving as an extension to the Authorship Warranty.
Any products(s) not accompanied by the COA for any reason requires that you inform us to provide the COA at no additional cost to you, in order to maintain and thereby not void the authenticity of the product(s) sold to you. You will need to provide proof of purchase and any relevant document at the time to ensure you receive the missing COA.
The COA acts as your assurance that the product(s) are authentic and not a forgery so as long as it accompanies the product(s) sold to you and that you are still the owner of the product(s). We will not be responsible for any attempt to duplicate the original COA and use this duplicate as an Authorship Warranty by you or any 3rd party.
Remedies for Non-Payment
If, for any reason, you cancel any payment made by credit card or otherwise fail to pay the Total Purchase Price with respect to any product(s) purchased from our Service by the Payment Deadline, you will be in default (Buyer Default) and will be liable for payment of such Total Purchase Price and any other applicable charges.
In the event of Buyer Default in connection with any products(s), without limiting any other rights or remedies available to us (whether at law, in equity, or under these Conditions), subject to the Pennsylvania Uniform Commercial Code, we may cancel the sale of such product(s) to you (the defaulting buyer) and resell such product(s) either publicly or privately on terms we think fits, and you will be liable for payment of any deficiency between the resale price obtained by us and the purchase price originally owed by the defaulting buyer.
In any case, the defaulting buyer will be liable to us for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue.
In addition, if the buyer for any reason fails to pay the Total Purchase Price with respect to any print(s) by the Payment Deadline, the buyer irrevocably authorizes us, at our option, to charge the buyer for any outstanding portion of such Total Purchase Price using any credit card information the buyer has provided through our Service, whether or not the buyer provided such credit card information in connection with the sale at issue.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of Neil Marcello Studio and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Neil Marcello Studio.
No part of our Service or any of its contents may be reproduced, copied, modified or adapted, without the prior written prior consent.
Commercial use and distribution of the contents of the website is not allowed without express and prior written consent of the author.
No images on this site can be reproduced in any way without prior written permission from Neil Marcello Studio.
You may share our Service by any of the following means:
- Sharing to social media (Facebook, Twitter, Google +), or via email
- Providing a back-link or the URL of the content you wish to disseminate; and
- You may quote extracts from the website with attribution to www.neilmarcello.com
For any other mode of sharing, please contact us:
Resale of Products
You must not re-offer any products(s) purchased from our Service for sale, until you have paid for the product(s) in full and have otherwise assumed legal ownership and physical possession of the product(s).
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Neil Marcello Studio
Neil Marcello Studio has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Neil Marcello Studio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Neil Marcello Studio and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Neil Marcello Studio, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Neil Marcello Studio its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us: