Terms of Service
2. PURCHASING ELIGIBILITY
By placing an order through the Web Site, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Di MODOLO International LLC products or purchase Di MODOLO International LLC products for commercial purposes or any other commercial benefit. If Di MODOLO International LLC believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that a Customer is engaging in fraudulent or grey market activities, then Di MODOLO International LLC may refuse such order.
3. PRODUCT AVAILABILITY; QUANTITY
All orders placed through the Web Site are subject to availability and acceptance by Di MODOLO International LLC.
Di MODOLO International LLC reserves the right to change the products listed on the Web Site without prior notice and/or may limit from time to time the quantity of Di MODOLO International LLC products that may be ordered by a Customer in a single buying session.
The product pages of the Web Site can provide you with information regarding products that are currently available. Di MODOLO International LLC may not have available all products listed on the Web Site. Products that are unavailable will typically display an “Out of Stock” notice, as applicable, on the product pages. Unavailable products cannot be backordered. Only merchandise displaying an "Add to cart" button is available for purchase through the Web Site. Di MODOLO International LLC may modify or discontinue any products on the Web Site. If Di MODOLO International LLC discontinues a product you have ordered, Di MODOLO International LLC will give you a pro-rated refund for any product purchased but not yet shipped.
You may also call the Customer Service Center (305-507-1915) and a Di MODOLO International LLC representative will provide you with further information as to product availability and assist you with your purchase.
4. ACCOUNT REGISTRATION
To place an order through the Web Site, you may either (1) register and create an online account at www.dimodolo.com, or (2) place an order as a guest without creating an account via guest checkout. To create an online 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. As a registered customer, your shipping addresses and billing information will be stored for future use. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information.
Upon completion of your account registration on the Web Site, you will receive by email a one-time password, which will allow you to log in to your account on the Web Site and create a permanent account login and password. You will also receive a second email summarizing the information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Di MODOLO International LLC will not be held responsible or liable for any misuse of your account resulting from a third party's access to and use of your password and account login.
If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your Web Site session. Although your information will still be stored with us, it will not be accessible to anyone else using that computer.
To place an order on the Web Site, please use the following steps: Once you have selected a product, click the "Add to Shopping Bag" button to place the product in your online shopping bag. You may then continue shopping for other products, and add them to your shopping bag (subject to availability and quantity limits), or “Proceed to checkout" by clicking on the button. You may also remove any products you have selected by clicking on "Remove" next to the chosen product in the shopping bag. Once on the payment page, review your order details and then click the “Place your order” button.
Macintosh User Advisory
Macintosh users must place their online orders using Safari or Firefox browsers. These browsers allow us to offer our customers the highest level of security; other browsers prevent users from viewing secure pages during the checkout process. We apologize for any inconvenience.
Download a free copy of Firefox by clicking here [provide link]. To download the latest version of Safari from your Macintosh computer, navigate to the Apple menu, and choose “software update.”
You may also purchase merchandise from our Web Site by calling us toll-free at 305-507-1915. We are available from 9am through 5pm, Eastern time, Monday through Friday, except for U.S. federal holidays. One of our customer service associates will gladly assist you.
6. PRICES, TAX AND SHIPPING COSTS
All prices shown on the product pages of the Web Site are in U.S. Dollars.
Di MODOLO International LLC reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and shipping costs displayed on the Web Site or quoted by the Customer Service Center at the time Di MODOLO International LLC provides you with confirmation of your order will be honored by Di MODOLO International LLC.
Actual shipping costs and applicable taxes will be reflected on the payment page before you place your order, and will also appear on the email you receive after placing the order (“Order Confirmation”, discussed further below). Shipping costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Shipping costs and sales and use taxes are not stated on the product pages, and will be added to the product price after you have selected your shipping options.
The actual sales tax associated with your purchase will be calculated at the time your order is to be shipped. Thereafter, you will receive an email advising that the order has shipped (“Shipping Confirmation”, discussed further below). Please note that changes to applicable law between the date your order is placed and the date you are sent a Shipping Confirmation 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 prior to shipping the order and ask that you reconfirm your purchase.
Shipments will be carried out by a shipping company, FedEx.
7. REVIEW AND CONFIRMATION
You should carefully check and confirm all details on the payment page before placing your order through the Web Site.
8. PAYMENT BY CREDIT CARD
Di MODOLO International LLC accepts payment via the following credit cards: Visa, MasterCard, and American Express.
When ordering on the Web Site, you will need to enter your payment details on the appropriate form. All credit and 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 Di MODOLO International LLC, you will need to contact your card issuer directly to resolve this problem. Di MODOLO International LLC will not be liable for any delay or non-delivery.
The amount of your purchase will be blocked on your credit card until your order is shipped. During this time, Di MODOLO International LLC (or its authorized Customer Care Partners) will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Di MODOLO International LLC to perform such checks and, where Di MODOLO International LLC deems necessary, to transmit or obtain information that you have provided to Di MODOLO International LLC, including your credit card number, in order to authenticate your identity, validate your credit card, obtain an initial credit card authorization and authorize a particular transaction. Thereafter, you will be sent an Order Confirmation email and your credit card will be charged the applicable purchase price.
Di MODOLO International LLC 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 countries sanctioned by the U.S. Any such transactions will be declined.
9. ORDER CONFIRMATION
After placing an order through the Web Site, you will receive an Order Confirmation. The Order Confirmation will include the product(s) you ordered, the order number, the price and your billing and shipping addresses. The Order Confirmation constitutes the acceptance of your order by Di MODOLO International LLC and indicates the existence of a binding sales contract.
10. COMPLIMENTARY SERVICES; PACKAGE CONTENTS
Packages will be gift wrapped in a black Di MODOLO pouch & box. Gift wrapping is available for purchase, which includes the pouch, box, wrapping paper & ribbon. Also you can write a gift message.
11. SHIPPING POLICY
We only accept orders for delivery to addresses in the United States. Please note that Di MODOLO International LLC does not ship to PO boxes, APO/FPO addresses or hotels.
When estimating package delivery time, please allow time for credit approval, address verification and order processing.
We will use reasonable efforts to ensure the following estimated delivery lead times from the date of your order:
- Ground: The order must reach us by 12:00pm EST to ship out the same day. It will be delivered within 1 to 7 days from the shipment date.
- Second Day: The order must reach us by 12:00pm EST to ship out the same day. It will be delivered within 2 business days from the shipment date.
- Overnight: The order must reach us by 12:00pm EST to ship out the same day. It will be delivered within 1 business day from the shipment date.
Please note that delivery may be delayed if you have requested frame adjustment or other product customization. In such cases, a Di MODOLO International LLC representative will contact you to discuss a timeframe for delivery.
You will be asked to select the shipping method as a part of the ordering process. Shipping costs depend on the location and the delivery service chosen.
Di MODOLO International LLC insures each purchase from the time it is in transit until it is delivered to you. We require a signature by an adult to confirm acceptance of each Di MODOLO International LLC product delivered, at which point responsibility for your purchased goods transfers to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Di MODOLO International LLC in the same way as if the goods had been delivered to you.
12. SHIPPING CONFIRMATION
After Di MODOLO International LLC has shipped your order, you will receive a Shipping Confirmation. The Shipping Confirmation will include the shipping method for your package and a tracking number.
13. RETURN POLICY
In order to ensure your satisfaction, a Customer or Gift Recipient may return Di MODOLO International LLC products in accordance with the return and exchange policy set forth below. Returns of Di MODOLO International LLC products that are not in compliance with the conditions and timeframes set forth below will be rejected by Di MODOLO International LLC and sent back to the Customer or Gift Recipient.
Di MODOLO International LLC allows the Customer or Gift Recipient to return Di MODOLO International LLC products purchased on the Web Site or through the Customer Service Center within fourteen (14) days following receipt of such products, subject to the further terms and conditions set forth below.
Products that have been purchased on the Web Site or though the Customer Service Center may be returned to Di MODOLO International LLC.
Products that have not been purchased on the Web Site or through the Customer Service Center may NOT be returned to Di MODOLO International LLC.
If a Customer or Gift Recipient wishes to return a product to Di MODOLO International LLC, then such person must comply
with the following steps:
- Our policy lasts 14 days; if 14 days have gone by since your purchase, unfortunately we cannot offer you a refund or exchange.
- To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
- To initiate a return, please send us an e-mail at firstname.lastname@example.org or call us at and we will provide further instructions.
- Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
- If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. You will receive notification of your credit receipt.
- Only regular priced items may be refunded, unfortunately sale items cannot be refunded and are FINAL SALE.
- Bring the package to a shipping location of your choice and mail it to us at the address listed above.
Only merchandise received by the Di MODOLO International LLC will be eligible for a refund.
Upon receiving a return shipment, Di MODOLO International LLC will verify that the returned product satisfies the conditions
of the return policy and, if so, then proceed with the applicable refund or exchange.
Conditions to Return a Product
Di MODOLO International LLC products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them.
Di MODOLO International LLC will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way.
All returns will be subject to strict Quality Control (“QC”) by Di MODOLO International LLC to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Di MODOLO International LLC will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies QC, Di MODOLO International LLC will proceed with the applicable refund or exchange.
Only Customers are eligible to receive refunds once a product is returned to Di MODOLO International LLC. In no event will a Gift Recipient be eligible to receive a refund.
If a Customer's return complies with the return policy, Di MODOLO International LLC will use reasonable efforts to credit the refund to the Customer's credit card, no later than fourteen (14) days after receipt of the returned item by Di MODOLO International LLC.
Customers and Gift Recipients may be permitted to exchange a product purchased on the Web Site for another Di MODOLO International LLC product if the product to be exchanged satisfies the conditions of the above return policy. In order to exchange a product, either call the Customer Service Center 305-507-1915 or email email@example.com.
Once the product to be exchanged is received by Di MODOLO International LLC, Di MODOLO International LLC will send an invoice which specifies the value of the original product, the price of the exchanged product, and the difference to be paid by the Customer. If the exchanged product costs less than the original product, the Customer is entitled to receive a refund of the price difference.
A Gift Recipient that wishes to exchange a Di MODOLO International LLC product should also follow the procedures set forth in the abovementioned return process. If the returned product is less expensive than the exchanged item, the Customer that purchased the gift will be refunded the difference in price. If the original product is less expensive than the exchanged item, the Gift Recipient will be charged the difference in price.
Di MODOLO International LLC has quality controls in place to ensure that each product complies with our quality criteria and has passed all our controls, both technical and aesthetic.
If nevertheless you receive a product which seems to be damaged, you may return it to Di MODOLO International LLC in accordance with the return policy. Upon receipt, Di MODOLO International LLC will examine the product. Please note that items that are damaged as a result of wear are not considered to be defective.
If your product is determined to be defective by Di MODOLO International LLC, in its sole discretion, the following remedies will be proposed to the Customer or the Gift Recipient, as applicable:
- Di MODOLO International LLC may send you the same product in the same size, subject to availability;
- Di MODOLO International LLC may propose an exchange for another Di MODOLO International LLC product of equivalent or higher value, in which case the initial price will be deducted and you will be required to pay only the difference; or
3. A Customer may request a refund of the initial purchase price.
For any repair inquiries, please contact Di MODOLO International LLC by emailing firstname.lastname@example.org or calling 305-507-1915.
15. PROHIBITED CONDUCT
16. INTELLECTUAL PROPERTY
Ownership: All Di MODOLO International LLC’ content, including but not limited to, text, images, graphics, trademarks, service marks, trade names, logos, button icons, audio clips, data compilations, user interfaces and software, is the property of Di MODOLO International LLC or other third parties. Such content may contain information which is proprietary and/or of a confidential nature and protected by copyright, trademark, patent and other federal, state and foreign intellectual property laws.
Use: Subject to the terms and conditions herein, Di MODOLO International LLC grants to you a limited, revocable, non-exclusive, non-transferrable license to use the Web Site solely for personal, internal and non-commercial purposes related to placing an order or shopping on the Web Site. Unless we grant you prior written consent, any other use of this Web Site, its content and its information, including linking or framing to this Web Site, is strictly prohibited.
You may use portions of the Web Site with a username or password or by other methods that Di MODOLO International LLC may specify (“Access Methods”). You are solely responsible for ensuring that your Access Methods are known to and used only by you. You will be solely responsible for all acts or omissions of any person using your Access Methods, including without limitation, all transactions executed and orders placed through the Web Site using your Access Methods. All transmissions generated by use of your Access Methods will be deemed to be authorized by you whether or not Di MODOLO International LLC acknowledges receipt of such transmission. If your Access Methods have been lost, stolen or compromised, you will immediately notify Di MODOLO International LLC. Upon receipt of this notice, your Access Methods will be cancelled. However, you are responsible for any actions taken through the use of such Access Methods before they are cancelled. In Di MODOLO International LLC sole discretion, we may terminate, revoke, suspend, modify or change any or all of your Access Methods at any time with or without prior notice. You will be solely responsible for any losses, damages or costs that you may incur as a result of errors made by, or the failure of, the software or equipment that you use to access the Web Site.
Copyright: The contents of the Web Site and other communications, electronic or otherwise, are owned by Di MODOLO International LLC or other third parties and are subject to copyright protection and may not be reproduced, displayed, disclosed to third parties or published in full or in part without the prior written consent of Di MODOLO International LLC. Di MODOLO International LLC grants you a limited, non-exclusive, non-transferrable license to copy its content for your personal use; however you must not remove or alter any proprietary notice included in the content. You understand that any unauthorized use of Di MODOLO International LLC’ copyrighted materials licensed hereunder may subject you to the payment of damages, attorneys’ fees and disbursements and the grant of injunctive relief against you.
Trademarks: Trademarks and service marks on the Web Site are the property of Di MODOLO International LLC or other third parties, and may be registered, the subject of pending trademark applications and/or are common-law trademarks. You are prohibited from using of any Di MODOLO International LLC’ trademarks and understand that any unauthorized use of Di MODOLO International LLC’ trademarks or of a third party’s trademarks may constitute infringement and may subject you to the payment of damages, attorneys’ fees and disbursements and the grant of injunctive relief against you.
17. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS
DI MODOLO INTERNATIONAL LLC DOES NOT CONFIRM THE PRICE OF A DI MODOLO INTERNATIONAL LLC PRODUCT UNTIL AN ORDER CONFIRMATION HAS BEEN ISSUED BY DI MODOLO INTERNATIONAL LLC, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A DI MODOLO INTERNATIONAL LLC PRODUCT'S PRICE IS HIGHER THAN THE PRICE POSTED ON OUR WEB SITE, THEN DI MODOLO INTERNATIONAL LLC WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY THE CUSTOMER OF SUCH CANCELLATION. WHILE DI MODOLO INTERNATIONAL LLC ENDEAVOURS TO PROVIDE ACCURATE INFORMATION ON ITS WEB SITE, IN ADVERTISEMENTS AND CATALOGS AND VIA THE CUSTOMER SERVICE CENTER, IT MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE RELIABILTY OR COMPLETENESS OF SUCH INFORMATION. ACCORDINGLY, THE CUSTOMER'S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN OR EXCHANGE THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL DI MODOLO INTERNATIONAL LLC, OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL DI MODOLO INTERNATIONAL LLC’ LIABILITY FOR ANY AND ALL CLAIMS, CAUSES OF ACTION OR DAMAGES, RELATED TO USE OF THE WEB SITE AND/OR THE PRODUCTS SOLD EXCEED THE TOTAL AMOUNT THAT YOU PAID DI MODOLO INTERNATIONAL LLC FOR THE SPECIFIC PRODUCT AT ISSUE.
19. NO CONFIDENTIALITY
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web Site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
21. ENTIRE AGREEMENT
22. NO WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Any dispute relating in any way to your visit to our Web Site or to products purchased through the Web Site shall be submitted to confidential arbitration in Miami, Florida. Any action must be brought within one year of the date of such cause of action or such action is waived. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web Site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
However, if you have in any manner violated or threatened to violate our intellectual property rights, we reserve the right to seek injunctive or other appropriate relief in any state or federal court in the state of Florida. You consent to exclusive jurisdiction and venue in such courts.
25. APPLICABLE LAW
Copyright © 2016 Di MODOLO International LLC. All rights reserved.