General
The following terms and conditions and any other related rules that are adopted by EDeleita and made available as provided herein (collectively, the “Conditions of Sale”) shall apply to all sales of products that you (the “Customer” or “you”) may order from EDeleita.com, division of EDeleita, LLC. a corporation organized and existing under the laws of Florida and having its corporate headquarters at 2413 Main St. #317 Miramar, FL 33025, U.S.A. (“EDeleita”, or referred to herein as “us”, “our” or “we”) on the Internet via the EDeleita website, identified by the domain name www.edeleita.com, and any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platform”).
These Conditions of Sale apply only to sales made through the Platform by individuals who are citizens of, or residents living in, the continental United States of America at the time of placing the order. The Conditions of Sale applicable to any order placed through the Platform are those in force at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, when you check the “I have read and I accept the Conditions of Sale” box at the payment section of the Platform before placing your order with EDeleita, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Conditions of Sale, you will not be able to order any products from the Platform.
Please read the Conditions of Sale and check our Platform on a regular basis to be informed of any changes. EDeleita may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and/or registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. If you are placing an order through the Platform, then by checking the “I have read and I accept the Conditions of Sale” box and placing your order, you will be indicating your agreement to be bound by the Conditions of Sale as so modified through such time. You also have agreed to be bound by our Platform Terms of Use, Refunbd & Return Policy and our Privacy Policy, which are incorporated into these Conditions of Sale by reference. To cancel your registration and refrain from ordering any EDeleita product through the Platform.
Purchase Eligibility
Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states), (b) have legal capacity to enter into contracts and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may order products through the Platform. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
By placing an order through the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute EDeleita products or purchase EDeleita products for commercial purposes or any other commercial benefit.
Use of materials on the site
EDeleita has created this website to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of EDeleita products displayed on the site are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, EDeleita and the Provider cannot be held liable for any apparent differences in the product images represented on the site and the original products.
You may download one computer copy or print one copy of the material made available to you via the site, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("EDeleita Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any EDeleita Material in any way for any public or commercial purposes. Furthermore, EDeleita Material may not be displayed or communicated on any other site, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use EDeleita Material will automatically terminate and any copies made of EDeleita Material must be immediately destroyed. Any unauthorised use of EDeleita Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected EDeleita trademarks or are licensed for use by EDeleita by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without EDeleita’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited
Copyright Notice
All content (including EDeleita Materials) on the Platforms are either Copyright © EDeleita or are licensed for use by EDeleita. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
Product Availability & Quantity
All orders placed through on the Platform are subject to availability and acceptance by EDeleita
EDeleita reserves the right to change the assortment of items offered on the Platform and may limit from time to time the quantity of EDeleita products that may be ordered by a Customer in a single buying session, without prior notice. EDeleita further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, orders may not exceed five (5) products in any buying session on the Platform. Additionally, certain products shown may not be available for sale and delivery in some states.
Account Registration & Personal Information
In order to place an order on the Platform, you may either register and create an online account on the Platform, we do not accept place an order as a guest without creating an online account. In order to create this account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Platform you will receive by email a one-time code, which will allow you to confirm and to log in to your account on the Platform. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. EDeleita will not be held responsible or liable for any misuse of your account in connection with, and/or resulting from, a third party’s access to and use of your password and account login.
When placing an order on the Platform you will be required to provide other personal information as applicable, such as shipping address, billing address and payment details. Additional information may be collected by EDeleita or its third party providers at this time for security and anti-fraud purposes.
You represent and warrant that the personal information you provide to the Platform is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping and billing information provided.
Should any of the information you provide to the Platform change, please log in to your account and update such information directly on the Platform.
Orders
If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the “Add to Cart” icon to place this product in your shopping cart. You may then decide to continue shopping for other products and add them to your shopping cart (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on "X" next to the chosen product in the Shopping cart. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions of Sale”. Then, click on “Place Order” to place your order.
Notwithstanding anything to the contrary provided for herein, EDeleita reserves the right to refuse, cancel and terminate orders at any moment in time. For example, EDeleita may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if EDeleita suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale.
Prices, Taxes & Shipping
All prices shown on the product pages of the Platform or quoted are in U.S. Dollars. EDeleita reserves the right to modify prices and delivery costs at any time without prior notice.
Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Platform order) and will also be reflected in the Confirmation of Order. Delivery costs. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
Please note that if you exchange your EDeleita Colletion Item at EDeleita online store you will be subject to any jurisdictional tax differences, from taxes originally paid on your EDeleita Collection item.
Payment by Credit Card
EDeleita accepts the following credit cards: Visa, MasterCard, American Express, and Discover. When ordering on the Platform, you will need to enter your payment details on the appropriate form. Your credit card information will be fully encrypted and only used to process card transactions.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to EDeleita, you will need to contact your card issuer directly to solve this problem, and EDeleita will not be liable for any delay or non-delivery.
In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is approved by EDeleita, and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an order you expressly authorize EDeleita to perform such security checks, where EDeleita deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.
EDeleita takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. EDeleita uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
EDeleita is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls (“OFAC”) Specially Designated Nationals (“SDN”) List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.
Payments By PayPal
You may also pay by using PayPal, as indicated on the Platform.
Limitations of Liability
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties in relation to the products and any orders placed through the Platform, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some jurisdictions, including the State of New Jersey, USA, consumer protection laws do not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations do not apply.
Products Description
We try to ensure that the information, including product descriptions, dimensions, and colours, provided on the Platform is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
Provisions
If any provision, or part of a provision, of these Conditions of Sale is deemed to be illegal, invalid or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding and enforceable.
These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale which arises from any cause beyond our reasonable control.
The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
This contract is between us and you. No other person shall have any rights to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will have the benefit of the applicable EDeleita Guarantee.
Agreement to Arbitration
These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of Florida, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from EDeleita through the Platform will be resolved by binding arbitration, rather than in court, except that a consumer or EDeleita may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and EDeleita understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other consumer. You and EDeleita agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceeding. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with EDeleita) or at consumer’s election, Florida, by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
Before bringing any dispute in arbitration, you and EDeleita agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.
California Ban Exotic Species
In compliance with California Law, we cannot offer for sale or provide service for any product containing material made from iguana, skink, hippopotamus, tegu, or Ring, or Nile lizard. As such, if your strap contains any these materials, it must be removed before sending your timepiece for servicing to our Repair Center.