Via Milano, 72
22070 Bregnano, Italia
telefono +39.031 77437
Partita IVA / Codice Fiscale 03491880138
Via Milano, 72
22070 Bregnano, Italia
telefono +39.031 77437
Partita IVA / Codice Fiscale 03491880138
Welcome to the www.designmesa.com website (the “Website”).
USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and the relevant general terms and conditions of sale when you make an online purchase on this Website. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.
This Website is operated by Emmebi Design S.R.L. (hereinafter “Mesa”), an Italian enterprise having its principal place of business at Via Milano 72, 22070 Bregnano (CO), Italy.
The products offered on the Website are sold directly by Mesa.
Mesa reserves the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.
1. Intellectual property rights
This Website as a whole and all material on this Website, together with the “Mesa” trademark, are owned and registered by Emmebi Design S.R.L. with registered office at Via Milano 72, 22070 Bregnano (CO), Italy.
All trademarks and logos, whether or not they are registered or displayed on the Website, including but not limited to the “Mesa” trademark and all the other related distinctive marks reproduced on the Website are and will remain the exclusive property of Emmebi Design S.R.L. Such trademarks and signs may not be used in connection with any product or service that does not originate with Mesa, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the “Mesa” name and trademark and products bearing the “Mesa” trademark. You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, HTML codes and screens contained therein and the like (hereinafter collectively “Content”), is owned by or licensed to Mesa and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in this Website, except for the “e-store” section, are displayed for information or promotional purposes only. Use of the Website is permitted for your own personal use and not for commercial reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.
No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.
This Website and its Content are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. Mesa expressly disclaims any representations and warranties.
In no event shall Mesa be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if Mesa has been advised of the possibility of such damages) arising out of:
(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
(b) any transaction concluded through or from the Website,
(c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,
(d) the deletion, correction, damage, loss or failure to store any information concerning or transmitted on the Website,
(e) the use of any products or services obtained on or through the Website,
(f) unauthorized access to the Website and unauthorized alteration to transmissions or data,
(g) statements or conduct of any third party on the Website or
(h) any other matter relating to the Website.
Therefore, by using this Website, you undertake to bear all risks connected with such use, holding Mesa harmless from any damage deriving or caused by the use of this Website or connected with it.
Mesa will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that the information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that such imperfections will be corrected.
In the event that applicable laws do not allow disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.
Any reference to any product or service which has been or may be provided by Mesa or any other company authorized by Mesa for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Material in this Website may contain inaccuracies or typographical errors. Mesa is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Website. It is your responsibility to evaluate the information and other content available through this Website.
However, Mesa reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that Mesa shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to Mesa through this Website or by other means (hereinafter “Submissions”) are neither confidential nor proprietary to you. All submissions become Mesa’s property upon submission to Mesa. By making a Submission to Mesa, you assign to Mesa all rights, title and interests, including copyrights, in the Submission. Mesa has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Mesa has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
Cookies are used in the Website to ensure that it functions efficiently and to improve our service, including by the sending of online advertising messages in accordance with user preferences. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites. They are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites.
Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.
(a) Other Mesa companies;
(b) Companies, consultants and professionals providing assistance and/or consulting, or performing related services that are instrumental to data processing (e.g. service providers, freight forwarders, IT maintenance technicians, etc…).
Your personal data shall not under any circumstances be disseminated to unknown persons.
You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke your consent to processing by writing to: email@example.com.
6. Links to other Websites
The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. Mesa has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies that may use our logo and/or style as a result of a co-branding agreement. Such websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, Mesa cannot control these websites and external sources. Hence, Mesa cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, Mesa cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond the control of Mesa may be able to access or intercept transmissions or private communications without Mesa’s permission or knowledge. Mesa makes every possible effort to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and Mesa cannot be held liable for any breach of security which is not directly attributable to negligence on the part of Mesa.
8. Acceptance of terms and conditions of use
By accessing this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.
You agree to indemnify and hold Mesa harmless from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.
9. Applicable Law and Jurisdiction
You agree that by accessing this Website you accept Italian jurisdiction. These Terms and Conditions of Use shall be governed by and construed in accordance with Italian law and any action arising out of or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Milan, Italy.
It is also understood that, with respect to the correct interpretation of these Terms and Conditions of Use, in the event of any discrepancy between the original Italian language text and any translation into another language, the Italian original text shall be deemed the binding version.
Last updated on May 12th, 2019
Emmebi Design S.R.L., with its registered office in Bregnano (Como, Italy) and site manager of www.designmesa.com is committed to protecting the Personal Data (defined below) that you share with us, and explaining how we collect, process, and share that information online. We collect your Personal Data on the Website to enhance the services we offer you, maintain and improve the Website, protect the security of you and our Website, comply with legal obligations, and inform you about other services and products that may be available through us, our affiliated companies, and our marketing partners.
1. Scope and information that this Privacy Statement covers and how we use and share it
This Privacy Statement applies to Personal Data collected on our websites, mobile applications, cloud-based services, or controlled widgets embedded in communication platforms, each with a link to this Privacy Statement (collectively, the “Website”). It covers how we collect, use, share, and otherwise process personal information as of the date that this Privacy Statement is posted. This Privacy Statement also applies to the Personal Information collected in stores operated by Mesa S.R.L. It does not apply to any other information collected by Mesa through any other means. By “Personal Data,” we mean information that identifies or can identify you personally. By using this Website or voluntarily providing personal information to us, you consent to the terms of this Privacy Statement. If you do not agree to the policy, please do not use the Website.
The Website may contains links to third-party websites, including websites of our business partners. We do not own, operate or control the websites of those third-parties. Accordingly, this Privacy Statement does not apply to any websites maintained or operated by third-parties for the collection, use, storage, disclosure, or other processing of your Personal Information. When you click on those links, you will go to a third-party website where you will be subject to that website’s privacy statement and we encourage you to read that policy statement.
Personal Data we may collect and purposes
The tables below explain the categories of information we may collect and purposes for which we may use them as well as, with respect to the California Consumer Privacy Act, the information we may have collected for the 12-month period prior to the date of this Privacy Statement, where we got it from and why it is needed.
Additional Information on Purposes of Use
Registration to Mesa Customer Database
If you register to the Mesa customer database (as a result of your registration to the Website or your signing the Customer Card at a Mesa store), your Personal Data will be managed by Emmebi Design S.R.L. and shared with all Mesa stores globally, and may be processed, together with the details of your purchases online and/or in stores, for the following purposes:
(1) to confirm your identity as a registered Mesa customer and, consequently, to provide a customized global customer service and post-sales service and allow you to access exclusive services and benefits reserved for registered members (e.g.: preservation of your purchase order history, faster online checkout, simplified procedures for product repair and warranty, commercial discounts, pre-sale and other promotional events, etc.);
(2) to perform individual or group studies, statistical and/or market research on your preferences for Mesa and the other brands, products, so that a personalized service can be offered and cultural and recreational activities may be promoted based on customers’ interests; and/or
(3) to contact you and/or send you (by post, telephone, e-mail and any other form of electronic communication or digital means including social network platforms and other instant messaging applications) information and promotions, including commercial information, newsletters, direct marketing material, advertising, catalogues and invitations to events concerning Mesa and other brands.
For the purpose referred to point (1) the Personal Data processing is necessary to provide you with the service requested. The data procession referred to points (2) and (3) is based on your prior consent.
3. Controlling Our Tracking Tools
Your browser may give you the ability to control cookies. How you do so, however, depends on your browser and the type of cookie. Certain browsers or browser plugins can be set to reject all browser cookies. If you configure your computer to block all cookies, you may disrupt certain web page features, and limit the functionality we can provide when you visit or use our Website. (e.g., we will not be able to provide you with searches that you have asked us to save). You can change your cookie settings at any time. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These browser features are still not uniform, so we are not currently set up to respond to those signals.
4. Controlling Online Interest-Based Ads.
We sometimes work with online advertising vendors to provide you with relevant and useful ads. This may include ads served on or through our Website. This may also include ads served on other companies’ websites. These ads may be based on information collected by us or third parties. For example, your postal code may be used to target an ad for people in your area. These ads may also be based on your activities on our Website or on third-party websites.
For more information about our ad service provider and its cookies, including information about how to opt out of these technologies, you may visit http://optout.aboutads.info In addition, users may prevent Google’s collection of data generated by your use of the Website (including your IP address) by downloading and installing a Browser Plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.
5. Personal Data of minors
You must be at least 16 years old (depending on the state of residence) in order to provide us with Personal Data, and at least 18 years old to purchase products from our Website.
Under Age 13
Mesa complies with the Children’s Online Privacy Protection Act of 1998, which prohibits collecting personal information from children under the age of 13 without verifiable parental consent. If it comes to our attention that we have unknowingly collected information from a child under the age of 13, we will take all reasonable measures to delete it as soon as possible and will not use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law). If you become aware of any personally identifiable information we have collected from children under 13, please email us at firstname.lastname@example.org
Under Age 18
Minors under 18 years of age may have the personal information that they provide to us deleted by sending an email to email@example.com requesting deletion. Please note that, while we make reasonable efforts to comply with such requests, deletion of your personal information does not ensure complete and comprehensive removal of that data from all systems.
6. Security of Your Personal Information
Your Personal Data will be processed by suitable electronic or automated means and computerized tools, or manually and on hard copy, exclusively for the purposes for which they have been collected and according to criteria of lawfulness and correctness and protecting the security and confidentiality of Personal Data through the adoption of appropriate measures to prevent loss, alteration, cancellation, destruction, unauthorized access or not allowed processing or not in accordance with the purpose of collection. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. In this regard, we urge you to take every precaution to protect your Personal Data while you are on the Internet. At a minimum, we encourage you to make sure that you are using a secure browser as you surf the Internet.
Your Personal Data will be processed by Mesa’s internal staff who are duly authorized to do so in accordance with their respective job duties. Your Personal Data may also be processed by third parties to the extent necessary and/or instrumental for the above purposes. These third parties will act on behalf of Mesa as data processors and are under a contractual obligation of confidentiality in respect of the relevant personal information.
7. Transfer and disclosure of data
Whenever necessary and/or instrumental to the above-mentioned purposes, your Personal Data may be processed on behalf of Mesa by other entities acting as data processor, including:
As Mesa is part of an international network, your Personal Data may be transferred abroad in accordance with applicable legislation, including to countries outside the United States and the European Union, where Mesa pursues its interests, by adopting all appropriate security measures and safeguards to ensure an appropriate level of data protection and security.
Your Personal Data will not be used for third-party advertising purposes or for the promotion of products, services or initiatives by entities other than Mesa, nor shall they be disclosed to unknown persons under any circumstances.
Communication of data to the other Emmebi Design companies
Please also note that if you register on the Mesa customers database, your Personal Data will be automatically visible to, and shared with, all Mesa stores globally to provide you with the same level of service around the world. Mesa will take all appropriate security and confidentiality measures as required by applicable legislation to ensure an adequate standard of data protection.
In Connection with Business Transfers
In the event that a division or part or all of Mesa is bought, sold or otherwise transferred, or is in the process of a potential transaction, customer information will likely be shared for evaluation purposes and included among the transferred business assets.
To Comply with Laws
Mesa may also disclose specific information when such disclosure appears necessary to comply with the law, a subpoena or other litigation process or to protect the interests or safety of its visitors and customers, Mesa employees or others.
8. Retention period
Your Personal Data will be processed and stored for: (a) as long as required to carry out the purposes for which the Personal Data were collected; (b) in accordance with the storage periods required by applicable laws; or (c) until you revoke your consent to the processing/storage of your Personal Data, if applicable. After the conclusion of such period(s), and where there is no legal or business purpose for retaining your Personal Data, it will be automatically and permanently erased, or made anonymous.
In particular, regarding the data processing of registered members into Mesa customer database:
9. Your Rights
Please note that you may exercise the rights under the applicable privacy laws including the right to request information as to whether your Personal Data is being processed and as to the characteristics of the processing, the right to rectification and erasure of your Personal Data, and/or the right to have such Personal Data transmitted to another controller.
You also have the right to withdraw your consent for the collection and processing of your Personal Data by Mesa at any time, without charge. The withdrawal of your consent will not affect the lawfulness of processing based on your consent before its withdrawal.
If you have any requests regarding your Personal Data, have any inquiries regarding this Privacy Statement, or you would like to exercise your rights or receive any information about your rights, please contact (free of charge) the Data Controller or the Group Data Protection Officer (“DPO”) by writing to the addresses/email addresses listed above.
10. Your California Privacy Rights (California residents only)
If you are a California resident, you may request information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes. To make such a request, please contact us as set forth below. Please allow up to 30 days for us to process your request. You may submit such a request once per year.
If you are a California resident, California law also provides you with the following rights with respect to your personal information:
When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide us with additional information such us your email address, order numbers of previous orders of our products and services, or the last four digits of a credit or debit card used to make a purchase. We also may use a third party verification provider to verify your identity.
Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.
11. Data controllers and Contacts
If you have any questions about this Privacy Statement or to request this Privacy Statement in another format, please contact us at:
Emmebi Design S.R.L.
Via Milano 72
22070 Bregnano (CO)
12. Effective Date, Amendments
The Privacy Statement is currently in force is the one published on our Website. We may amend it from time to time, and if we make material changes, we will prominently post a revised version on the Website. Where required to do so by law, we may seek your prior consent to any material changes we make to this Privacy Statement.
Last updated: December 20, 2019
Emmebi Design S.R.L., with its registered office in Bregnano (Italy), the operating holding company of Mesa and site manager of www.designmesa.com.
What are cookies?
Cookies are small text files that are sent to the terminal you use to access to the Internet (usually your browser) by the websites you visit. Cookies are stored in your computer to be recognised by those websites on your subsequent visits. Each cookie is unique to each browser and device you use to access our Website.
Cookies cannot view or retrieve data from other cookies, transmit computer viruses or identify and use e-mail addresses, nor can they capture files or data stored on your device.
Cookies can be installed by the operator of the website you are visiting (“first-party cookies”) or by other websites (“third-party cookies”).
Cookies can be permanently stored in your device until they expire or until you delete them (“permanent cookies”), or they can be automatically eliminated when you abandon the website or when you close your browser (“session cookies”).
Cookies are used for several purposes: to ensure the correct functioning of the Website and offer an improved and more efficient browsing experience, for instance:
When first accessing any page of our Website a banner containing a simplified policy statement is displayed.
If you do not wish to give consent or wish to withdraw your consent you can change and manage your preferences by using the Cookie Setting service by clicking the link displayed on the banner.
The withdrawal of your consent will not affect the lawfulness of processing based on your consent before its withdrawal.
You can also block or delete cookies, from our Website or any other website, by activating the setting on your browser that allows you to refuse the setting of all or some cookies
You can find below the links to the instructions of the following browsers:
For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org.
Please note that if you disable all cookies, including strictly necessary cookies, your browsing may be affected, and you may not be able to use some of our Website’s functionalities. For example, you may not be able to access to some of our Website’s functionalities or purchase our products.
Our Website may also contain social media plugins and/or buttons that allow us to easily share our contents on your favourite social media. These plugins do not save any cookies on your computer. However, if a cookie is already in your computer, the plugins are able to recognise it and use it. Collection and use of information by these third parties are carried out based on their privacy policies. We recommend you read those privacy policies carefully.
We recommend you read the privacy and cookie policies of the websites you may access through the links found on our Website. Please note that your cookie preference settings on this Website will not be applied to other companies’ websites.
Data collected through cookies are processed by Mesa’s employees and staff who are duly authorized to the data processing so in accordance with their respective job duties. These data may be processed by other Emmebi Design companies or third-party companies carrying out technical and organisational work on Mesa’s behalf (e.g. web service providers). These companies are appointed as data processors and are under a contractual obligation of confidentiality of the personal information.
Data collected through cookies may be transferred abroad by taking the necessary measures and precautions under the applicable laws, so that we can grant an adequate level of data security and protection. Under no circumstances your data will be disclosed to indeterminate persons.
You may at any time request information on the processing of your personal data, require that your data be updated, rectified, integrated or erased, and you will have the right to restriction of processing or to object to the processing in accordance with the applicable privacy laws including the European General Data Protection Regulation (Regulation EU 2016/679 – “GDPR”).
If you are a California resident, California law also provides you with the following rights with respect to your personal information:
To submit a request under the California Consumer Privacy Act (“CCPA”) you may email us at firstname.lastname@example.org.
In addition and as set forth below, California law requires us to identify, for the 12-month period prior to the date of this Policy, what information we may have “sold” about you. Please be assured that this does not mean that Mesa has received money in exchange for your personal information. Instead, there are instances where Mesa has shared the following information about you, collected through cookies, in order to provide you with personalized services:
Emmebi Design S.R.L.
Via Milano 72
22070 Bregnano (Como)
Data Protection Officer
Last updated: June 07th 2021
These U.S. Legal Terms (“Terms”), as amended from time to time, govern your access and use of the U.S. online store webpages (“Site”) at https://www.designmesa.com that directly link to these Terms, including, without limitation, any purchases you make via the Site. YOU ENTER INTO A BINDING CONTRACT UNDER NEW YORK LAW BASED ON THESE TERMS WITH EMMEBI DESIGN S.R.L. (“MESA”, “WE” or “US”) IF YOU ACCESS OR USE THE SITE, OR PURCHASE ANY PRODUCTS ON THE SITE. If you do not want to agree to these Terms, you must leave the Site and cease any access, use or purchase activities.
Table of Contents
– Governing Law and Choice of Forum
– Disclaimers and Limitations
– Access and Use
– Purchase of Products
– General Terms and Contact Information
GOVERNING LAW AND CHOICE OF FORUM
These Terms, and any disputes arising out of or relating to these Terms, shall be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. All legal proceedings arising out of or in connection with these Terms shall be brought exclusively in the City of New York, State of New York.
DISCLAIMERS AND LIMITATIONS
Site use and any purchase is “as is” and at your own risk. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED FOR SALE ON THIS SITE. PRODUCT DESCRIPTIONS AND PHOTOS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY MATCH THE PRODUCTS, GIVEN THEIR UNIQUE CHARACTER AND FREQUENT CHANGES IN DESIGN. WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Exclusive remedies. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING (A) THE SITE SHALL BE THAT YOU LEAVE THE SITE, AND (B) ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR CANCELLATION, RETURN AND STORE CREDIT POLICIES.
Our liability shall be limited. MESA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROFITS, OR REVENUE, OR COST OF COVER, OR ANY SIMILAR OR OTHER DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF MESA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.
IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF MESA TO YOU FOR ANY TYPE OF DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR U.S. $200.00.
Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late performing party whether or not similar to the foregoing.
Property rights. We own or license the server and software on which the Site is hosted, all photos, text, videos and other content displayed on the Site, and all trademarks, logos, product names and other marks as set forth in the Mesa Intellectual Property Rights Notice, and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.
Limited license. We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about products for private purpose purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deeplinking, spidering, crawling, adaptation, or reproduction of the Site or any portions thereof.
Submissions. If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our Privacy Statement or elsewhere on the Site) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. DO NOT SUBMIT ANY MATERIALS IF YOU CANNOT COMPLY WITH THESE TERMS.
Private use only. By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. You may purchase up to four items per individual article, except when otherwise indicated on the product page on the Site. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time.
Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may change information at any time. We determine product availability at the time we email you the shipping confirmation.
Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax. We accept the following forms of payment for purchases made through the Site: credit card or PayPal. Accepted credit cards are: Visa, MasterCard, American Express, Discover. Store credits issued by Mesa Stores, Outlets, and/or authorized third party retailers are not redeemable for purchases through the Site.
Delivery. We will deliver the products you purchased to a common carrier at our warehouse for shipment to the destination in the continental United States that you select (we ship to Alaska, Puerto Rico, and Hawaii, but do not ship to Canada or other locations outside the United States; other details regarding shipping and delivery are described in the Shipping and Delivery page). You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse. For security reasons, all purchases from the Site require an adult signature upon delivery.
Cancellations, returns. We do not accept any cancellations or returns, except as specified in our Cancellation, Return and Store Credit Policies or required by applicable law.
Changes. We may change our prices, products, these Terms, our Cancellation, Return and Store Credit Policies and our Privacy Statement at any time, at our sole discretion, by publishing changes on the Site or otherwise notifying you. We will not apply changes to orders or data that you submitted prior to our publishing or otherwise notifying you of the changes, unless we obtain your consent, by providing a notice with opt-out opportunity on the Site, via email or otherwise.
Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.
Entire agreement. These Terms and any additional terms that we may specify on the “review your order” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.
1. Cancellations, Returns, Refunds and Store Credits
1.1 Cancellations: You can cancel your order until the date of shipping for any reason free of charge and we will not charge your credit card. This includes pre-order items which may be cancelled up until shipment.
1.2 Cancellations cannot be made on or after the date of shipping and you will be charged the full amount for your order. Personalized products cannot be cancelled once ordered, as they may be in process of being customized.
1.3 Returns: Products purchased through the site may be returned free of charge, within thirty (30) days from the date of the shipping confirmation except for the Personalized Products, which are non-returnable. The Products must be returned: (i) in their original condition with all tags still attached, including but not limited to, all identification tags, security tags and authenticity cards; (ii) in their original packaging; (iii) complete with all of their parts and accessories; (iv) with the original proof of purchase; and (v) from locations within the United States. Incomplete, damaged, worn or altered items will not be accepted. Further, in the event a product has a security tag and is returned without the security tag attached to the product, the product will not be accepted for return. We reserve the right to designate items that are not eligible for return or refund on the website. Such designation will be noted on the web page displaying the respective products. If the foregoing conditions are satisfied and you comply with the return instructions below, we will refund the purchase price of the returned product(s), sales tax included, less the original shipping costs, to the same credit card or PayPal account used to make the original purchase. Alternatively, and subject to the In-Store Returns instructions below, you may exchange your item for another item or return it for a store credit in any of our free-standing retail stores in the United States, within thirty (30) days of the shipping confirmation. PLEASE NOTE THAT IN STORE RETURNS OF MERCHANDISE PURCHASED THROUGH THE SITE ARE NOT ELIGIBLE FOR REFUND.
1.4 Returns to Mesa: In addition to the above conditions, please follow the instructions below for processing your return(s) for a refund to your original payment method used to make your purchase.
To return your item for a full refund, please:
(i) Log in to your “Account” on www.designmesa.com within thirty (30) days from the date of the shipping confirmation, access your order history and follow the online instructions.
if you do not have an “Account” with designmesa.com, you may still access your order by visiting www.designmesa.com and clicking on “RETURNS” in the Contact page. You can retrieve your order information by inputting your order number and the email address associated with the original order. Once you access your order information, please follow the online instructions;
(ii) enclose the original proof of purchase in the return parcel;
(iii) affix the prepaid carrier shipping waybill included in the original package to the outside of the return package (by doing so, you will allow us to pay for your return shipping and trace your package); and
(iv) drop the package off at a carrier shipping location, or arrange for pickup of the package directly with the carrier as per the return instructions you find inside the package.
Please note that if you utilize a carrier other than the one indicated in the return instructions included inside the package you receive from us, or if you fail to comply with the above, you will be responsible for all shipping and handling charges. Further, you shall solely and exclusively bear any and all risks associated with the return shipping and we shall in no event be liable for the loss, destruction, damage, misdirected or delayed shipment of any returned products.
Please further note that we will not issue any refunds for returns that do not satisfy all of the conditions outlined above, and will ship your merchandise back to you at the original shipment address provided in your order. In the event that your merchandise cannot be delivered to you at your original shipping address, you authorize Mesa, and any of its affiliates or agents, to dispose of such merchandise.
Upon our receipt of your return package, we will verify the integrity of the items before accepting your return and processing the refund. Please note that this process may take between 5 and 10 days. We will send you a confirmation email as soon as we have begun processing the refund.
The refund is issued directly to the card or PayPal account used for the original purchase.
The refunded amount will be visible in your account within approximately one week (for PayPal orders) or within approximately one to two billing cycles from the date of the email we send you confirming that the refund is being processed (for credit card orders).
1.5 In Store Returns
(i) You may exchange your item for another item, or return it for store credit, at any of our free-standing retail stores in the United States, within thirty (30) days of the shipping confirmation.
(ii) You must present the original proof of purchase at the time of the exchange.
(iii) If you elect to exchange your item for an item that is lower in value, you will receive store credit for the difference. If you exchange your item for an item that is greater in value, you will be charged the difference. You will be responsible for all associated sales tax(es) on the exchanged item(s).
(iv) A return for refund is not available in store.
1.6 Store Credits:
Please note that store credits for purchases from stores in the United States expire one year following the date of issuance or the earliest date thereafter permitted by applicable law. Store credits are redeemable at Mesa free-standing stores in the country in which they are issued (i.e., in the United States), subject to applicable law, and may only be redeemed for merchandise. STORE CREDITS RECEIVED FOR RETURNS OF MERCHANDISE ORIGINALLY PURCHASED THROUGH THE SITE ARE NOT REDEEMABLE FOR FUTURE PURCHASES THROUGH THE SITE.
1.7 WE RESERVE THE RIGHT TO DESIGNATE NON-RETURNABLE PRODUCTS ON THE SITE. ANY SUCH DESIGNATION WILL BE NOTED ON THE WEB PAGE DISPLAYING THE RESPECTIVE PRODUCTS WHICH ARE NONRETURNABLE. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE