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Terms of Sale
TERMS OF SALE FOR DITA VAULT
These Terms of Sale, as amended from time to time, govern all sales of DITA products to customers in the United States carried out through the online store webpages at www.ditavault.com (“Website”). These terms apply in addition to the Terms of Use. This Website is operated by DITA, Inc., (“DITA,” “we” “our,” or “us”). If you want to purchase products through the Website, you must agree to these Terms of Sale.
NOTE: Arbitration Provision
These Terms of Sale include a binding arbitration agreement, which provides that certain disputes between you and DITA will be resolved through binding individual arbitration and will not be decided by a jury or judge.
Orders Accepted
Since the Website is a special online stores available to a select group of Dita employees, business associates and others who we invite to use the Website by special permission, access is strictly limited to those individuals who have a valid discount purchase code and who Dita decides, in its sole and absolute discretion, qualify to use the Website. We reserve the right at all times to determine eligibility to make purchases on this Website on a case by case basis, change the qualifications to make such purchases and revoke permission to make purchases at our sole discretion, all without prior notice, justification or explanation. 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. In addition, we reserve the right to validate all orders and may reverse any order at any time prior to actual shipment and/or decline to ship products in our sole discretion at any time, in which case we will process a credit to the credit card used for payment for any amount previously billed.
Restrictions on the Resale of Products
You are strictly prohibited from reselling any items purchased on the Website, directly or indirectly, in any manner. This prohibition includes, but is not limited to: reselling products purchased through Internet auctions sites, flea markets, garage sales or any other type of business transaction. Similarly, you may not purchase products from the Website on behalf of third parties if you receive reimbursement of any kind in connection with such purchase; however you are permitted to make purchases to make gifts to friends and relatives. You are also prohibited from retuning or attempting to return products purchased to any Dita retailers for exchange or cash refund (including Dita Flagship stores, DITA.com and external retailers. You agree to indemnify and hold Dita harmless from any damages, including attorneys’ fees and court costs, incurred as a result of your violation of these restrictions.
Other Purchase Restrictions
We have the right to set limits on the dollar amounts and item quantities of items which may be purchased by individuals or related parties. These limits are subject to change from time to time without prior notice. Please contact us for further information on current restriction. All orders must be shipped to a residential (non-business) address.
No Refunds or Returns
All sales are final. Refunds and returns are not permitted, except for warranty returns which strictly comply with the conditions set forth in Dita’s Limited Warranty.
Price, Payment And Taxes
The essential characteristics and the price of each product are displayed on the Website. The prices listed on the Website represent the suggested retail price for products shown and may not constitute the lowest price that the item is available from us or other sources. We will not issue refunds or credits based upon price discrepancies between prices listed on the Website and other retail venues.
The information displayed on the Website does not represent a binding offer by DITA. An order is not accepted until the product is actually shipped by Dita and any confirmation issued by DITA is tentative and subject to verification and determination by Dita in its sole discretion that Dita is willing to offer special pricing to the person placing the order. The contract between you and DITA for the purchase of products from DITA, Inc. is executed upon receipt by you of an order confirmation sent to you via the email at the address provided to you by DITA 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.
Delivery
We will deliver the product(s) you purchased to a common carrier at our warehouse in Aliso Viejo 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 Aliso Viejo, CA. We have selected a carrier with an excellent shipping record which we believe provides a high level of protection. In the event a warranty return is permitted, you bear all risks of loss and damage to the returned product from the time you ship the product until we actually receive the product at our warehouse in Aliso Viejo.
Governing Law
The laws of the State of California govern these Terms, as well as any dispute, claim, or controversy that may arise between you and DITA, 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.
Arbitration of Disputes
ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU, ON ONE HAND, AND DITA, INC. 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.
Class Action Waiver
You and DITA 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 DITA agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims. You and DITA agree not to combine a claim subject to arbitration under these Terms of Sale with a claim that is not eligible for arbitration.
General Terms
CHANGES
We may change the content on our 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 our 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.
SEVERABILITY
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.
ENTIRE AGREEMENT
These Terms of Sale, our Terms of Use, and any additional terms that we may specify on the “Checkout” 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.
Contact Information
CONTACT INFORMATION
This Website is operated by Dita, Inc., 1 Columbia, Suite 130, Aliso Viejo CA 92656 ( Phone (949) 599-2700; Email: info@dita.com.
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