Le Dix-Sept, LLC
TERMS OF SERVICE
Last Updated: June 23, 2014
Welcome to Le Dix-Sept.
These Terms of Service (“Terms”) form a binding agreement between you and Le Dix-Sept, LLC (“Le Dix-Sept,” “we” or “us”). By accessing or using our website or purchasing any of our items, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.
We may change or modify these Terms. If we make material changes to these Terms, we will notify you by sending an email to the address you provided upon registering your account or, if you have not created an account with us, through a pop-up message on your screen. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of our website. If you do not agree to the amended Terms, you must stop using our website.
If you have any questions about Le Dix-Sept or these Terms, please contact us at CustomerService@LeDixSept.com.
ELIGIBILITY, REGISTRATION AND ACCOUNT
Our website is not targeted towards, nor intended for use by, anyone under the age of 18. By using our website, you represent that you are at least 18 years of age, and you have full power and authority to enter into this agreement.
FEEDBACKDISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY
You may submit questions, comments, suggestions, testimonials, ideas, plans, notes, drawings, original or creative materials or other information or materials about Le Dix-Sept, our website, or our products (collectively, “Feedback”). Feedback, whether submitted through our website or otherwise, is non-confidential and will become the sole property of Le Dix-Sept. We will own exclusive rights, including all intellectual property rights, in any Feedback you submit and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Our website, the content and all items sold through our website are provided on an “as is” and “as available” basis without warranties of any kind. We expressly disclaim all express and implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our website, the content and the items sold through our website.
Without limiting the foregoing, we also disclaim all warranties for or with respect to (a) the security, reliability, timeliness, accuracy and performance of our website, the content and the items sold through our website and (b) viruses, worms, spyware, adware, malware or any other malicious or harmful code accessed through our website.
Under no circumstances will Le Dix-Sept be liable for any indirect, special, punitive, incidental or consequential damages, or any other damages of any kind, whether in an action in contract, tort or otherwise. In no event will the aggregate liability of le dix-sept, whether in contract, warranty, tort, product liability, strict liability or otherwise, exceed any compensation you pay, if any, to le dix-sept for access to or use of our website.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights.
You agree to defend, indemnify and hold harmless Le Dix-Sept and its members, employees, agents, independent contractors, service providers and consultants from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any actual or alleged breach of your representations or warranties set forth in these Terms, any Feedback you provide or your violation of these Terms.MODIFICATIONS TO OUR WEBSITE
We reserve the right to modify or discontinue, temporarily or permanently, our website or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of our website or any part thereof.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated by us, our website and all content and other materials therein, including, without limitation, the Le Dix-Sept logo and all designs, text, graphics, pictures, information, data, software, files, and the selection and arrangement thereof, (collectively, “Content”) are the proprietary property of Le Dix-Sept or our licensors and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use our website and Content; however, such license is subject to these Terms and does not include (a) the collection, use, distribution, public performance or public display of any Content; (b) modifying or otherwise making any derivative uses of our website or the Content, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) any portion of our website, the Content or any information contained therein, except as permitted by us; and (e) any use of our website or the Content other than for their intended purposes. Any use of our website or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“LE DIX-SEPT,” the Le Dix-Sept logo, and any other Le Dix-Sept product or service names, logos or slogans that may appear on our website are trademarks of Le Dix-Sept and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. You may not use any metatags or other “hidden text” utilizing “Le Dix-Sept,” or any other name, trademark or product or service name of Le Dix-Sept without our prior written permission. In addition, the look and feel of our website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark or trade dress of Le Dix-Sept and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our website are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You are granted a limited, nonexclusive right to create a hyperlink to our website provided that such link does not portray Le Dix-Sept in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphics to link to our website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found on our website, the content of any text or the layout/design of any page or form contained on our website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Le Dix-Sept or any third party.
We make no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from our website or websites linking to our website. Such websites are not under our control and we are not responsible for the content of any linked website. We provide these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any website or any information contained therein. When you leave our website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our website.
ORDERING AND SHIPPING
When you use our website to purchase an item, the following terms apply:
Pricing and Taxes. All prices and other charges are shown in U.S. dollars. Shipping and handling charges are not included in the products’ sales prices. All prices are subject to change without notice. We will collect applicable sales tax on items shipped to California, New York, Pennsylvania and any other state(s) in which we determine we have a duty to collect tax. If an item is subject to sales tax, you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs, changes in tax rates and whether an item is taxable.
Errors. We attempt to be as accurate as possible and to eliminate errors on our website. We do not, however, represent or warrant that any item, description, photograph, price or other information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly or to cancel your order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Shopping Cart. When you place an item in your shopping cart, that item is still available for purchase by other users. You do not have any claim to an item until you successfully complete the checkout process.
Shipping and Handling. Most items purchased through our website can be shipped within the continental United States only; note, however, that items for which parcel service is available can be shipped to all 50 states, including Alaska and Hawaii. You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. Any shipping or delivery dates or times shown on our website are estimates only and the actual delivery dates and times may vary.
Perishables and Shipping Restrictions. Quality is of the utmost importance to us, and we want to ensure that our products arrive in superb condition. For this reason, we retain the right not to ship perishable items to certain warmer climate states during the summer months unless you have paid for our special shipment -- your order packed with dry ice or ice packs within an insulated container for shipment. For further details, please contact Le Dix-Sept at CustomerService@LeDixSept.com.
Payment. Only valid credit cards or other payment methods acceptable to us may be used to purchase items through our website. By submitting an order through our website, you represent that you are authorized to use the designated payment method and you authorize us to charge that payment method for your order (including taxes, shipping, handling and any other amounts disclosed to you). When you provide your payment information, you further authorize us (or a third party service provider working on our behalf) to process and store your payment information. In the event that your payment method cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problems we encounter before we can proceed with your order.
No Returns or Refunds. We do not accept returns or provide refunds; however, if you receive an item that does not materially conform to its listing, please contact CustomerService@LeDixSept.com within three business days of receiving the item and we will attempt to help you resolve the issue. If you do not contact us within three business days, you will be deemed to have accepted the item.
Restrictions. In order to ensure that the Le Dix-Sept brand is accurately represented, we prohibit the unauthorized resale of our products, and no more than 5 pieces per item may be purchased per order or as determined in our discretion. Should you need to purchase more than 5 pieces per any item, you would be prompted to contact us with the details of your request and we will respond to you promptly.
APPLICABLE LAW AND ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Le Dix-Sept agree to arbitrate any dispute arising from these Terms, our products or your use of our website, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Le Dix-Sept agree to notify each other in writing of any dispute within thirty days of when it arises. Notice to Le Dix-Sept must be sent to Le Dix-Sept, Attn: Legal, 3130 Webster Street, #14, San Francisco, CA 94123. You and Le Dix-Sept further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in San Francisco, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in San Francisco, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
YOU AND LE DIX-SEPT AGREE THAT NEITHER PARTY WILL COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. By using our website, you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of our website or your purchase of any of our products. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at CustomerService@LeDixSept.com.
If you have any questions regarding the use of our website or any of our products, please email us at CustomerService@LeDixSept.com.