Table of Contents:
NOTE: Arbitration Provision
These Terms of Sale include a binding arbitration agreement, which provides that certain disputes between you and us will be resolved through binding individual arbitration and will not be decided by a jury or judge.
We only accept orders that originate from customers in the U.S. and we only ship to addresses within the U.S. We reserve the right to reject any orders at our sole discretion.
The essential characteristics and the price of each product are displayed on the Website. The information displayed on the Website does not represent a binding offer by us. An order is not accepted until confirmed by us. The contract between you and us for the purchase of products from us is executed upon receipt by you of an order confirmation sent to you via the email at the address you provide at checkout. By submitting your order via the Website, you agree to pay the purchase price for the product(s) you selected plus shipping and handling costs if you select expedited shipping, and applicable duties and/or taxes, if any. Your debit or credit card will be charged in this amount at the time you submit your order.
We will deliver the product(s) you purchased to a common carrier at our warehouse in Ireland for shipment to the destination you selected within the U.S. 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 in Ireland. We have selected a carrier with an excellent shipping record which we believe provides a high level of protection.
We do not accept any cancellations or returns, except as specified in our Return Policy or required by applicable law. You bear all risks of loss and damage to the returned product(s) from the time you ship the product(s) until we receive the product(s) at our warehouse in Ireland.
You must bring warranty claims within one year of purchase under our limited warranty statement.
The laws of the State of California govern these Terms, as well as any dispute, claim, or controversy that may arise between you and us, without regard to conflict of law principles and excluding the UN Convention on Contracts for the International Sale of Goods (CISG); except that all of the arbitration provisions in these Terms shall be governed exclusively by the United States Federal Arbitration Act.
ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU, ON ONE HAND, AND DITA EYEWEAR EUROPE, LTD. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS , ON THE OTHER HAND, ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, AND/OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS OF SALE, WILL BE SETTLED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION UNDER THE RULES AND AUSPICES OF JAMS OR ITS SUCCESSOR. Judgment on the award of the arbitrators may be entered by any court having jurisdiction to do so. No joinder of other claimants’ claims or class claims in arbitration shall be permitted. Any controversy about whether a dispute is subject to arbitration shall also be determined solely by arbitration as specified above. Any legal proceeding permitted to be filed in a court by these Terms of Sale shall be brought and heard only in a state or federal court located in Orange County, California; all parties waive any right to have any such court proceeding brought or heard in or transferred to any other location; and you hereby consent to personal jurisdiction in such courts. Further information about JAMS and the arbitration rules can be found on the JAMS website here.
You and we agree that each may bring a dispute against the other only in an individual capacity and not on behalf of any class of people. You and we agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims. You and we agree not to combine a claim subject to arbitration under these Terms of Sale with a claim that is not eligible for arbitration.
We may change the content on the Website and these Terms at any time, at our sole discretion, by publishing changes on the Website or otherwise notifying you. If we make material changes to these Terms of Sale, we’ll post a prominent notice of these changes on the Website and send you a notice of these changes by email if you have provided us your email address. If you continue using the Website after such notice is provided, you accept the new Terms. However, you will not be bound by any changes to the arbitration provisions in these Terms without your affirmative consent
If any provision of these Terms of Sale 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 of Sale 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.
Responsibility for Website
This Website is operated by us pursuant to an exclusive license agreement with Thom Browne, Inc. (“TBI”). However, TBI is not responsible in any way for the operation or content of this Website and shall not have any liability in connection therewith.
Contact Information. This Website is operated by DITA Eyewear Europe, Ltd., Address: Suite 1, Ground Floor Distillery Building, Fumbally Court, Fumbally Lane, Dublin D08 TE80, Ireland; Phone: +1 (754) 333-6660; Fax: +353 (0) 16 864788; Email: [email protected].
Last updated October 4, 2016.