Terms of service

Last updated: August 5, 2026

Please read this carefully. These Terms include a binding arbitration provision and a class-action waiver in Section 22 that affect how disputes between us are resolved. They also limit our liability in Section 20. If you do not agree to these Terms, please do not use this site or place an order.

Quick summary

This box is a plain-English courtesy, not a substitute for the Terms below. Where the summary and the Terms differ, the Terms govern.

  • We're Marcello Sport, a family-owned menswear retailer based in Delray Beach, Florida, with retail stores, a catalog, a wholesale business, and this website.
  • Your order is an offer to buy. A sale happens when we ship, not when you check out.
  • We try hard to get prices, photos, and descriptions right, and we correct them when we get them wrong.
  • Your returns and shipping rights are in our Shipping & Returns policy, which is part of this agreement.
  • We can't promise the site will never be down or never contain an error.
  • Disputes go to arbitration in Palm Beach County, Florida, individually — not to a class action or a jury — unless you opt out within 30 days as described in Section 22.

1. Who we are and what this covers

This website, marcellosport.com, and any successor or affiliated site, mobile experience, or application we operate (together, the "Site") is operated by Fashion Concepts d/b/a Marcello Sport ("Marcello Sport," "we," "us," "our"), a [Florida corporation / Florida limited liability company] with its principal place of business at 1015 NW 17th Avenue, Delray Beach, Florida 33445.

These Terms of Service (the "Terms") govern your access to and use of the Site and any purchase you make through the Site, through our printed catalog, or by telephone with our customer service team. Together with the documents referenced in Section 3, they form the entire agreement between you and us regarding the Site and your purchases through it.

"You" means any visitor, browser, registered customer, or purchaser.

2. Acceptance

By accessing, browsing, or using the Site, creating an account, subscribing to our email or SMS lists, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Site.

If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind it.

3. Documents incorporated into these Terms

The following are part of these Terms by reference and have the same effect as if written out here:

Where a specific promotional term conflicts with these Terms, the promotional term governs for that promotion only.

4. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to place an order. The Site is not directed to children under 13, and we do not knowingly collect personal information from them. If you permit a minor in your household to use the Site, you are responsible for their activity and for any resulting charges.

5. Your account

You are responsible for keeping your account credentials confidential and for all activity under your account. Provide current, complete, and accurate information, and keep it updated — particularly your email address, shipping address, and payment details, so we can complete transactions and reach you.

Notify us immediately at cs@marcellosport.com if you suspect unauthorized use. We may suspend or terminate an account at any time, with or without notice, where we reasonably believe it is necessary to protect the Site, our customers, or our business.

6. Orders and contract formation

Product listings on the Site and in our catalog are an invitation to make an offer, not an offer to sell. Your order is your offer to purchase on these Terms.

Our order acknowledgement email confirms that we received your order. It is not acceptance. A binding contract of sale forms only when we send a shipment confirmation, and only as to the items identified in that confirmation. Items in an order that we have not shipped are not part of a contract.

We may decline, limit, or cancel any order in whole or in part, in our sole discretion, without liability, for the reasons described in the Shipping & Returns policy — including unavailability, pricing or description error, failed payment authorization, suspected fraud, suspected resale, quantity limits, and shipping restrictions.

Items in your cart or wishlist are not reserved and may be purchased by someone else.

7. Prices, payment, and taxes

All prices are in U.S. dollars and exclude shipping, handling, and applicable tax unless stated otherwise. Prices are subject to change at any time without notice, but a change will not affect an order for which we have already sent a shipment confirmation.

You represent that any payment method you use is yours and that the information you provide is complete and accurate. All payments are subject to authorization by the issuer. If your issuer declines, we will not accept the order and are not obligated to tell you why.

We are not responsible for fees your bank or card issuer charges you — foreign transaction fees, overdraft fees, or otherwise — arising from our processing of a payment you authorized.

Third-party payment providers. Payments processed through Shopify Payments, PayPal, Shop Pay, Apple Pay, Google Pay, or any buy-now-pay-later provider are governed by that provider's own terms and privacy practices. We do not control them and are not responsible for their acts, omissions, fees, or credit decisions. Financing offered by a third party is a contract between you and that provider.

Payment card data. We do not store full payment card numbers. Card data is transmitted directly to our payment processors over an encrypted connection.

8. Sales tax

Sales tax is calculated and collected in accordance with applicable law based on your shipping address, and is shown at checkout. See the Shipping & Returns policy for details. We do not provide tax advice.

International duties and taxes. For orders shipping outside the United States, our checkout calculates and collects estimated import duties and taxes at the time of purchase, using classification and rate data supplied by our e-commerce platform and its landed-cost partners. These amounts are good-faith estimates collected on your behalf and remitted to the applicable authority. Rates, tariff classifications, and de minimis thresholds are set by your government and are subject to change without notice. We do not warrant the accuracy of any duty or tax estimate. Where an amount is overcollected, we will refund the difference upon documented request; where it is undercollected, we will not seek the shortfall from you. You are the importer of record. See Section 8 of the Shipping & Returns policy.

9. Returns, exchanges, and shipping

Your rights and our obligations regarding delivery, risk of loss, returns, exchanges, refunds, defects, alterations, and product-related disclaimers are set out in full in our Shipping & Returns Policy, which is part of these Terms.

10. Our stores, our catalog, and our wholesale business

Marcello Sport operates retail locations in Florida and, following our 2026 acquisition, Lee Newman Clothing and Tehen Women's in Cherry Hill, New Jersey, together with a national printed catalog and a wholesale network. These Terms govern the Site and orders placed through the Site, our catalog, and our customer service line.

In-store transactions are additionally subject to the policies posted at the store and applicable state law. Store hours, inventory, services, and pricing vary by location and are subject to change without notice. Inventory shown online is not a representation that a given item is available at a given store, and a store visit is not a reservation.

Wholesale accounts are governed by separate written terms. Nothing on the Site constitutes an offer of wholesale supply, a dealership, a distributorship, or a franchise.

Merchandise purchased from third-party retailers, department stores, marketplaces, or resellers is not covered by these Terms or by our Shipping & Returns policy, and we cannot verify its authenticity, condition, or warranty status.

11. Product information and photography

Our disclaimers regarding color rendering, natural material variation, hand-painted merchandise, measurements and fit, fiber content, country of origin, care instructions, and fabric performance claims are set out in Section 22 of the Shipping & Returns policy and are incorporated here.

In summary and without limiting that section: we do not warrant that any product description, photograph, measurement, color, price, or other content on the Site or in our catalog is accurate, complete, current, or error-free. We reserve the right to correct errors and to change or update content at any time without notice, including after you have submitted an order.

12. Accuracy and currency of site content

Content on the Site is provided for general information. It should not be relied upon as the sole basis for a decision without consulting more current or complete sources. Historical content — past catalogs, archived lookbooks, prior season pages — is retained for reference only and is not current. We have no obligation to update any content on the Site, and monitoring changes is your responsibility.

13. Intellectual property

The Site and all of its contents — text, graphics, logos, photographs, illustrations, video, audio, layout, design, page architecture, data compilations, and software (the "Content") — are owned by or licensed to Marcello Sport and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

MARCELLO, MARCELLO SPORT, MARCELLO RISERVA, LEE NEWMAN, TEHEN, and our logos and design marks are trademarks or trade dress of Marcello Sport or its affiliates. Third-party brand names and marks appearing on the Site are the property of their respective owners and are used to identify merchandise we are authorized to sell. Their appearance does not imply that those owners sponsor, endorse, or are affiliated with us beyond that retail relationship.

Limited license. We grant you a revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and to display and print Content for your personal, non-commercial use only. You may not:

  1. Reproduce, republish, distribute, transmit, display, sell, license, or create derivative works from the Content;
  2. Use the Site or Content for any commercial purpose, including comparison shopping services, price aggregation, or resale;
  3. Use any robot, spider, scraper, crawler, or other automated means to access, copy, index, or extract Content, including for the purpose of compiling data to train artificial intelligence or machine learning systems, without our prior written consent (this restriction does not apply to conventional search engine indexing);
  4. Frame or mirror any part of the Site, or use our marks in meta tags or hidden text;
  5. Remove any copyright, trademark, or proprietary notice;
  6. Reverse engineer, decompile, or disassemble any part of the Site;
  7. Circumvent or attempt to circumvent any security, rate-limiting, or access control measure;
  8. Impose an unreasonable load on our infrastructure.

We may revoke this license at any time.

14. Prohibited conduct

You may not use the Site or its Content:

(a) for any unlawful purpose or to solicit unlawful acts; (b) to violate any federal, state, local, or international law, rule, or regulation; (c) to infringe our intellectual property rights or those of any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, threaten, or discriminate against anyone on the basis of gender, gender identity, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic; (e) to submit false, misleading, or fraudulent information, or to impersonate any person or entity; (f) to upload or transmit viruses, worms, malware, or any code of a destructive nature; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security or operation of the Site or any related network; (k) to purchase merchandise for resale or for commercial distribution.

We may terminate your access for any violation, and we may report unlawful conduct to law enforcement.

15. Reviews, submissions, and user content

If you submit a product review, photograph, comment, contest entry, styling suggestion, testimonial, or any other material ("Submissions"), whether solicited or not:

  • You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, modify, adapt, translate, publish, publicly display, distribute, and create derivative works from the Submission in any medium, including in advertising, catalogs, email, packaging, and social media, without compensation, notice, or attribution.
  • You represent that you own or control the rights to the Submission; that it does not infringe any copyright, trademark, privacy, publicity, or other right; that it is not defamatory, unlawful, abusive, or obscene; and that it contains no malware.
  • If your Submission includes an image of a person, you represent that you have that person's consent to the uses described above. Do not submit images of children other than your own, and do not submit images of a person who has not consented.
  • We are under no obligation to keep a Submission confidential, to pay for it, or to respond to it.
  • We may, but are not required to, monitor, edit, refuse, or remove any Submission at our sole discretion.
  • Reviews reflect the opinions of individual customers, not Marcello Sport. We do not endorse or verify the accuracy of any review, and we do not offer compensation in exchange for a positive review. Where a reviewer received a product free or at a discount, we require that it be disclosed, consistent with FTC guidance.

You are solely responsible for your Submissions. We assume no liability for them.

16. Email, SMS, and marketing communications

Email. By providing your email address you consent to receive transactional messages about your orders. If you opt in to marketing, you may unsubscribe at any time using the link in any marketing email; transactional messages will continue.

SMS. If you opt in to text messages, you consent to receive recurring automated marketing text messages from us at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages.

Catalog. If you'd prefer not to receive our printed catalog, contact us and we will remove you from the mailing list. Please allow one catalog cycle for the change to take effect.

Your data is handled as described in our Privacy Policy.

17. Third-party services, links, and tools

The Site uses third-party services and may link to third-party websites. These include our e-commerce platform, payment processors, shipping carriers, review platforms, email and SMS providers, analytics providers, and accessibility tooling.

We do not control third-party sites or services. We do not review, endorse, or warrant their content, products, privacy practices, or security, and we are not liable for any loss or damage arising from your use of them or from any transaction with them. Review their terms and privacy policies before you engage. Direct complaints about a third party's products or services to that third party.

Optional third-party tools made available through the Site are provided "as is" and "as available" with no warranty or endorsement of any kind, and your use of them is entirely at your own risk.

18. Availability of the Site

We make no promise that the Site will be available at any particular time or that it will operate without interruption or error. We may modify, suspend, or discontinue the Site or any part of it, temporarily or permanently, with or without notice, and we will not be liable to you or to any third party for doing so.

19. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ITS CONTENT, AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED — INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, QUIET ENJOYMENT, ACCURACY, SECURITY, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

WE DO NOT WARRANT THAT: THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; DEFECTS WILL BE CORRECTED; THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, this section applies to the fullest extent permitted, and nothing here limits any non-waivable statutory right you have as a consumer.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARCELLO SPORT AND OUR PARENT, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, GOODWILL, BUSINESS, OPPORTUNITY, OR REPUTATION, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, ANY PRODUCT PURCHASED, OR YOUR USE OF OR INABILITY TO USE THE SITE — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT PURCHASED WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

These limitations are a fundamental basis of the bargain between us, and they apply even if a limited remedy is found to have failed its essential purpose.

21. Indemnification

You agree to indemnify, defend, and hold harmless Marcello Sport and our parent, subsidiaries, affiliates, partners, officers, directors, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim, demand, loss, liability, damage, cost, or expense — including reasonable attorneys' fees — made by any third party arising out of or relating to: your breach of these Terms or any document incorporated into them; your violation of any law; your violation of the rights of a third party; your Submissions; or your use of the Site.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.

22. Dispute resolution, arbitration, and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIM.

22.1 Informal resolution first. Before starting an arbitration or a court proceeding, you agree to contact us at cs@marcellosport.com or 561-824-2405 with a written description of the dispute and the relief you seek, and to give us sixty (60) days to resolve it informally. Most matters are resolved in a single phone call. This step is a condition precedent to filing.

22.2 Agreement to arbitrate. Except as stated in Section 22.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any purchase, or the relationship between us — including questions of the formation, scope, validity, or enforceability of this arbitration agreement — will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and judgment on the award may be entered in any court of competent jurisdiction.

  • The seat of arbitration is Palm Beach County, Florida, though you may elect to participate by telephone or video, or, for claims under $25,000, to proceed on documents only.
  • The arbitration will be governed by the Federal Arbitration Act.
  • The arbitrator may award the same individual relief a court could, including statutory damages and attorneys' fees where a statute provides for them, but may not award relief to or against anyone who is not a party.
  • We will pay AAA filing, administration, and arbitrator fees to the extent required by the AAA Consumer Rules, and we will not seek our attorneys' fees from you unless the arbitrator finds your claim frivolous.

22.3 Class-action and jury-trial waiver.

YOU AND MARCELLO SPORT EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. YOU AND MARCELLO SPORT EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

If this waiver is held unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remainder will proceed in arbitration.

22.4 Exceptions. Either party may (a) bring an individual claim in small claims court in a court of competent jurisdiction, and (b) seek injunctive or equitable relief in the state or federal courts located in Palm Beach County, Florida to protect intellectual property rights or to address unauthorized access to the Site.

22.5 Your right to opt out. You may reject this arbitration agreement. To do so, send written notice within thirty (30) days of your first purchase or account creation to: Marcello Sport, Attn: Legal — Arbitration Opt-Out, 1015 NW 17th Avenue, Delray Beach, FL 33445, or cs@marcellosport.com with subject line "Arbitration Opt-Out." Include your name, address, email, and a clear statement that you decline arbitration. Opting out will not affect any other part of these Terms and will not affect your relationship with us in any way.

22.6 Time limit. Any claim must be filed within one (1) year after the claim arose, or it is permanently barred, except where a longer period is required by law.

22.7 Survival. This Section 22 survives termination of these Terms and your relationship with us.

23. Governing law and venue

These Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles, and by applicable United States federal law. Subject to Section 22, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local law. We make no representation that the Site or our merchandise is appropriate or available in every jurisdiction.

24. Copyright complaints (DMCA)

We respect intellectual property rights. If you believe content on the Site infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent containing:

  1. A physical or electronic signature of the owner or a person authorized to act for the owner;
  2. Identification of the copyrighted work claimed to be infringed;
  3. Identification of the material claimed to be infringing and information sufficient for us to locate it;
  4. Your name, address, telephone number, and email address;
  5. A statement that you have a good faith belief the use is not authorized by the owner, its agent, or the law;
  6. A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner's behalf.

Designated DMCA Agent: DMCA Agent, Fashion Concepts d/b/a Marcello Sport, 1015 NW 17th Avenue, Delray Beach, FL 33445 · cs@marcellosport.com

Please consult a lawyer before filing — there are penalties for knowingly material misrepresentations. We may terminate the accounts of repeat infringers.

25. Required legal notices

Textile and wool labeling. The Textile Fiber Products Identification Act and the Wool Products Labeling Act require disclosure of fiber content and country of origin in catalogs, mail-order advertising, and internet advertising. Our product descriptions and labeling are intended to comply with FTC standards. Where a description and the sewn-in label differ, the label governs.

Notice to California residents. Under California Civil Code § 1789.3, California residents are entitled to the following notice: the provider of this Site is Fashion Concepts d/b/a Marcello Sport, 1015 NW 17th Avenue, Delray Beach, FL 33445, cs@marcellosport.com, 561-824-2405. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

California Proposition 65 (Safe Drinking Water and Toxic Enforcement Act of 1986).

Certain merchandise we sell — including leather and suede goods, footwear, belts, wallets, and items with metal hardware such as buckles, zippers, rivets, and decorative trim — may contain chemicals on the State of California's Proposition 65 list, including but not limited to lead and lead compounds, cadmium, hexavalent chromium, phthalates, and per- and polyfluoroalkyl substances used in stain- and water-resistant finishes.

Where a Proposition 65 warning is required, we display it on the product detail page, before you complete your purchase, and in our printed catalog in connection with the item. Warnings, where given, appear in the following form:

⚠️ WARNING: This product can expose you to chemicals including [chemical], which is known to the State of California to cause cancer and/or birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

Please note the following:

  • A Proposition 65 warning is not a statement that a product is unsafe or that it violates any product safety standard. It is a California disclosure requirement that applies at exposure levels far below those associated with harm, and it is triggered by the presence of a listed chemical rather than by any demonstrated risk from ordinary use of the item.
  • The absence of a warning is not a representation that a product is free of listed chemicals. We give warnings where, based on supplier certifications, testing, or the composition of the item, we have reason to believe a warning is required.
  • We require our suppliers and the brands we carry to represent that their merchandise complies with Proposition 65 and to provide either a certificate of compliance or the warning language to be passed through to you. We rely in good faith on those representations and on testing where we have commissioned it.
  • Proposition 65 status is determined by California law and by the chemical list maintained by California's Office of Environmental Health Hazard Assessment, which changes over time.

Questions about a specific item: cs@marcellosport.com or 561-824-2405.

Gift cards. Gift card terms, including our no-expiration and no-fee commitment, are stated in the Shipping & Returns policy and comply with the CARD Act and applicable state law.

Export controls. You may not use the Site or order merchandise in violation of U.S. export control or sanctions laws, and you represent that you are not located in, or a national of, an embargoed country, and are not on any U.S. government restricted-party list.

26. Force majeure

We are not liable for any delay or failure to perform caused by an event beyond our reasonable control, including fire, flood, hurricane, earthquake, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, supply chain disruption, carrier failure, utility or telecommunications failure, cyberattack, or act of government.

27. Severability

If any provision of these Terms is held unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted and the unenforceable portion severed. The determination will not affect the validity or enforceability of the remaining provisions.

28. No waiver

Our failure to exercise or enforce any right or provision is not a waiver of that right or provision. No waiver is effective unless made in writing by us.

29. Assignment

We may assign, transfer, or subcontract our rights and obligations under these Terms, in whole or in part, without notice, provided your rights are not materially affected. You may not assign or transfer your rights or obligations without our prior written consent.

30. Termination

These Terms remain in effect until terminated by you or by us. You may terminate by ceasing to use the Site and notifying us that you no longer wish to use our services.

If we determine, in our sole judgment, that you have failed to comply with these Terms — or we suspect that you have — we may terminate this agreement at any time without notice and deny you access to the Site. You will remain liable for all amounts due through the date of termination.

Obligations and liabilities incurred before termination survive it, along with Sections 13, 15, 19, 20, 21, 22, 23, and 27.

31. Electronic communications and records

By using the Site you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You may withdraw this consent by contacting us, though doing so may prevent us from providing certain services.

32. Entire agreement and interpretation

These Terms, together with the documents incorporated in Section 3, constitute the entire agreement between you and us regarding the Site and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms.

Headings are for convenience only. Any ambiguity will not be construed against the drafting party.

33. Changes to these Terms

We may update these Terms at any time by posting a revised version with a new "Last updated" date. Material changes will be identified in a notice on this page for at least thirty (30) days.

The version of these Terms in effect at the time you place an order governs that order. Your continued use of the Site after a revision is posted constitutes acceptance of the revision. Please check this page periodically.

34. Contact

Marcello Sport Fashion Concepts d/b/a Marcello Sport 1015 NW 17th Avenue Delray Beach, FL 33445

cs@marcellosport.com · 561-824-2405 Monday–Friday, 9:00 a.m.–5:00 p.m. ET