Welcome to mavilo.com and Mavilo Wholesalers, Inc. These terms and conditions are entered into by and between the customer and Mavilo Wholesalers, Inc., known throughout as “Mavilo”. By accessing and/or using the mavilo.com website and/or by ordering products and/or services offered on the website, you are agreeing to this Agreement. If you do not agree to be bound by this Agreement, then you cannot access or use or make an order on the website.
When you, the user or customer use this site, Mavilo grants a limited license to you to use the site solely on behalf of yourself or your organization or company as intended by Mavilo and in compliance with the Terms and Conditions of use. The license expressly excludes, without limitation, any resale of the site and the services offered by Mavilo, making any derivative of the website, the collection and use of e-mail addresses or other information, ratings or listings, or any data extraction or data mining whatsoever.
Change of Terms
Mavilo may revise, add or make new some or all of these terms at any time and at our discretion. Through the access or use of the mavilo.com website, you are agreeing to the new and or revised terms. The terms that are in effect when the order is placed will be the terms that govern that order.
Mavilo is committed to protecting your privacy and the confidentiality of your personal information. The data we gather from you and your visits to our website will never be sold, rented or loaned to any third party for any reason. For online orders, you will be asked to create an account and provide your email address for receipt of delivery confirmations and order updates. You will also be given the option to subscribe to our email list for notifications regarding special sales, timely news and updates, offers and newsletters, which, is entirely optional. You may unsubscribe at any time by following the instructions on our Email Subscriptions page or clicking through the link provided on any promotional email you may receive.
Mavilo uses SSL (Secure Sockets Layer) encryption technology to ensure the security of all online transactions. SSL is the industry standard for safeguarding the data transfer from your computer to our server against interference from outside parties. Any actual or attempted unauthorized use of the Mavilo website may result in criminal and/or civil prosecution.
If you would like to place your order over the phone, call 813-877-8663 Monday-Friday from 9:30am – 5:30pm and Saturday 10:00am – 4:00pm EST, and one of our Customer Service Representatives will gladly handle the transaction for you.
All Items are shipped, fully insured via FedEx from Mavilo to the customer.
For higher-priced items that exceed the insurance limit with FedEx, Mavilo reserves the right to ship with another carrier specific to those insurance terms needed.
Pricing Errors or Omissions
From time to time, data errors (including pricing) may occur within the Mavilo Website and promotional materials. This may be due to a human and/or system error. Mavilo reserves the right to correct any and all errors if they do occur, and will not honor mistakes in pricing. If this does occur, Mavilo will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.
As per current laws on sales tax, all purchases made outside of the state of Florida are exempt from Florida state sales tax. Purchases must be shipped out of state with proper documentation. If the laws change we will update and advise you of any sales tax which you must pay.
If you are making a purchase for your business which is in the jewelry industry and located in the state of Florida, you are required by law to provide a current Florida State Resale Certificate. Please email a copy of your certificate, along with your order information or call us at 813-877-8663 for more information.
Limitation of Liability and Warranty
THE MATERIAL CONTAINED IN THE MAVILO WEBSITE HAS BEEN CHECKED FOR ACCURACY. HOWEVER, MAVILO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL'S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE MAVILO WEBSITE IS PROVIDED TO YOU "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MAVILO DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE MAVILO WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT'S MANUFACTURER.
UNDER NO CIRCUMSTANCES WILL MAVILO OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING MAVILO PRODUCTS OR SERVICES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MAVILO WEBSITE OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF MAVILO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAVILO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE MAVILO WEBSITE OR ANY LINKED SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MAVILO WEBSITE OR ANY LINKED SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL MAVILO OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH MAVILO OR TRANSACTIONS CONDUCTED THROUGH MAVILO, EVEN IF MAVILO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN NO EVENT SHALL MAVILO OR ITS AFFILIATES' LIABILITY EXCEED THE LESSER OF THE AMOUNT PAID BY THE CUSTOMER TO MAVILO FOR ANY SINGLE PRODUCT THAT IS THE BASIS FOR THE CLAIM, OR ONE THOUSAND DOLLARS ($1000). YOU HEREBY ACKNOWLEDGE THAT ALL THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF THE MAVILO WEBSITE, THE INFORMATION CONTAINED ON THE MAVILO WEBSITE, PRODUCTS AVAILABLE OR PURCHASED THROUGH THE MAVILO WEBSITE AND TRANSACTIONS CONDUCTED AT THE MAVILO WEBSITE.
By transmitting any suggestions, information, material or other content (collectively, “Content”) to Mavilo, you automatically grant Mavilo the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display content (in whole or part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. Further, Mavilo is free to use any ideas, concepts, know-how, techniques and suggestions contained in any communications you send to Mavilo any purpose whatsoever, including but not limited to creating, manufacturing, and marketing products and/or services using such information. You grant Mavilo the right to use the name you submit in connection with such content. You also represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that the use of the content you supply will not violate these conditions and will not cause injury to any person or entity, and that you will indemnify Mavilo for all claims resulting from any content that you supply.
Mavilo takes no responsibility and assumes no liability for any content posted by you or by any third party, nor does Mavilo have the obligation to monitor, but has the right to any activity and to edit or remove any content.
The Mavilo website and all content and other materials, including, without limitation, the Mavilo logo, and all designs, text, graphics, pictures, 'look and feel', information, data, software, videos, other files and the selection and arrangement thereof (collectively, the "Content") are the proprietary property of Mavilo or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Copyright in the documents and material on the Mavilo Website is owned by or licensed to Mavilo. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use.
You expressly represent and warrant to Mavilo that you will use the Mavilo Website, and any products purchased from Mavilo, in accordance with all applicable local, state, national and international laws, and in accordance with the Terms and Conditions of Use. You agree to defend, indemnify, and hold harmless Mavilo, its parent, subsidiaries, and affiliates, and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (a) Customer's use of the Site; and (b) any breach by Customer of these Terms and Conditions of Use. You hereby waive and release Mavilo from all rights of contribution or indemnity to which you may otherwise be entitled.
Subject to the following arbitration provision these Terms and Conditions of Use shall be governed by, construed and interpreted according to the laws of the State of Florida, and the parties agree to and consent to the exclusive jurisdiction and venue of the courts in Hillsborough County, Florida. To the extent that it may otherwise be applicable, the Parties hereby expressly agree to exclude from the operation of these Terms and Conditions of Use the United Nations Convention on Contracts for the International Sale of Goods, concluded at Vienna, on April 11th 1980, as amended and as may be amended further from time to time. This Site is controlled and operated by Mavilo Wholesalers from its offices within the United States. Mavilo Wholesalers makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site from territories where its contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
Should a dispute arise from this Agreement which cannot be resolved by the parties in good faith negotiations, both parties agree to submit such dispute to arbitration in Hillsborough County, Florida, before a single arbitrator familiar with the Uniform Commercial Code using the Commercial Rules of the American Arbitration Association, with the following modifications to be enforced by the arbitrator consistent with Florida law: (a) any such arbitration proceeding shall be confidential as to the existence, content, or results of the arbitration; (b) depositions shall not exceed two (2) per party and must be completed within a single day; (c) document requests are limited to no more than ten (10) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request; (d) each party shall have no more than eight (8) hours to present its position; and (e) the entire hearing shall last no longer than three (3) business days. The award, if any, shall be made in writing no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys' fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator.
Breech of Agreement
In the event that you breach any part of this Agreement, Mavilo may without notice and in its sole discretion, immediately issue a warning to you, temporarily suspend or terminate your access to and use of the site and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.
Termination of Agreement
Notwithstanding any of these Terms and Conditions, Mavilo reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent your future access to and use of the Site.
Unless otherwise stated by Mavilo in writing, this Agreement constitutes the entire agreement between Mavilo and the user/customer with respect to the subject hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.