Terms and Conditions
These terms and conditions apply to the D'lusso web site located at www.dlusso.com and all associated web sites linked to the web address of www.dlusso.com by D'lusso, its subsidiaries and affiliates, including D'lusso's sites around the world (collectively 'the Site'). Please read these terms and conditions (the 'Terms and Conditions') carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. These Terms and Conditions govern your use of, and any purchase from, the D'lusso site, and constitute an agreement between you and D'lusso. D'lusso reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
Product Availability and Pricing
Sometimes with the volume of orders we receive, an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options. Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at the number on our site. We do not negotiate prices on our products and all our prices are final.
To keep our prices low, we do not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.
Information on our Site
At D'lusso, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. We provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing.
The Site and all content and other materials, including, without limitation, the logo, and all designs, text, graphics, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of D'lusso or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
D'lusso, www.dlusso.com, and any other product or service name or slogan contained in our Site are trademarks of D'lusso and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of D'lusso or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "D'lusso" or any other name, trademark or product or service name of D'lusso without our prior written permission. All other trademarks, registered trademarks, product names and logos mentioned in our Site are the property of their respective owners.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; © the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (I) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of D'lusso, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation Florida law, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Third Party Content
D'lusso may provide links to Web pages and content of third parties ('Third Party Content') as a service to those interested in this information. D'lusso does not monitor or have any control over any Third Party Content or third party Sites. D'lusso does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. D'lusso does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
Advertisements and Promotions
D'lusso may run advertisements and promotions from third parties on our Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than D'lusso, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. D'lusso is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-D'lusso advertisers on our Site.
We accept all major credit cards or EChecks via PayPal and we can only ship to the confirmed physical address on the PayPal receipt (no exceptions). The payment transaction portion will be on a Paypal secure server for your protection. The shipping address must be a physical address, (no P.O. box, postal forwarding center, or APO). Please contact us for other approved payment methods. A valid telephone number is required for all orders. Florida residents will be charged 7% sales tax. Under no circumstances is D'lusso liable for any loss or damages associated, incurred or resulting from any payment method.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding this site, D'lusso, or our products or services that are provided by you to D'lusso are non-confidential and shall become the sole property of D'lusso. D'lusso will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant D'lusso and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree to defend, indemnify and hold harmless D'lusso, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of our Site, any purchases or transactions you make with or thru us, any Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our Site, including without limitation any actual or threatened suit, demand or claim made against D'lusso and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY D'LUSSO, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. D'LUSSO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. D'LUSSO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. D'LUSSO DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL D'LUSSO, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM ANY PURCHASES OR TRANSACTIONS, RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM D'LUSSO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO D'LUSSO'S RECORDS, PROGRAMS OR SERVICES. IN NO WAY WILL D'LUSSO’S LIABILITY EVER EXCEED THE AMOUNT YOU PAID D'LUSSO FOR A PRODUCT, OR THE AMOUNT YOU PAID D'LUSSO FOR PRODUCTS AND SERVICES, MINUS ANY APPLICABLE SETOFFS OR OTHER ALLOWANCES. D'LUSSO'S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE CANNOT EVER EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR AN ITEM(S).
Applicable Law and Venue
These Terms and Conditions and your use of this site, and all other instruments and documents executed in connection therewith, will be governed by and construed in accordance with the laws of the State of Florida, applicable to agreements made and to be entirely performed within the State of Florida, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Miami-Dade County, Florida and to the total exclusion of any other courts and you hereby irrevocably and unconditionally consent and submit to the exclusive and personal jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions. This Agreement specifically excludes the provisions of the UN Convention on Contracts for the International Sale of Goods.
If you receive an item and are not satisfied with the look or size only, you have 14 (fourteen) days from the date of receipt to return the item to us for an exchange or refund, minus a 10% restocking fee. Shipping and packing charges are non-refundable. Returns must have a D'lusso RMA number. Packages without an RMA number or that are improperly packaged or damaged will be refused receipt and thus cannot be returned. Once we receive your return, the item(s) will be thoroughly inspected. The item(s) must be free of defects and flawless, and include all provided factory accessories. Items that have been damaged in any way cannot be accepted for return or exchange. Special order items cannot be returned. Return shipping, packing, and handling costs are the buyer's responsibility and in no way is D'lusso liable for loss, theft, or damage of return shipments.
The order delivery method is determined and agreed by the buyer prior to shipping. Import duties and taxes imposed by your government will be your responsibility and will be invoiced to you directly by the shipping carrier or their agent. Please be aware that import duties and taxes are not included in our shipping charge. Please check with your local Customs office for duty/tax calculations. We can not ship any international item as a "gift". All packages will require a delivery signature by someone present at the delivery address thus we cannot ship to a P.O. Box or APO/FPO. We will not be held responsible for any package lost or stolen due to a customer having signed a "Signature Release Form," which would authorize the carrier to leave the package at the front door or at a neighbor's house. The carriers will also waive responsibility of default if the customer has a signature release form on file. We will not be held liable for any package which arrives late due to a courier's mistake, acts of God, or if the customer is not available upon delivery. If your order does not arrive on the estimated date, we urge you to contact us or the shipping company immediately. In the case that a package is refused or deemed undeliverable, and thus returned to us, any charges incurred will be the sole responsibility of the purchaser. By signing for receipt, you agree and confirm to have inspected your package for damage or tampering before receiving it and will not hold D'lusso liable for any shipping damage or tampering.
NO SUIT SHALL BE MAINTAINABLE AGAINST D'LUSSO FOR ANY CLAIM UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, SHALL BE DELIVERED TO IT AS STATED HEREIN AT ITS PRINCIPAL OFFICE OR TO ITS DESIGNATED REGISTERED AGENT WITHIN THIRTY (30) DAYS OF RECEIPT BY YOU OF AN ITEM OR ITEMS AND SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH RECEIPT BY YOU OF AN ITEM OR ITEMS. LEGAL PROCESS MUST BE SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.
Modification and Notice
You agree that D'lusso may modify these Terms and Conditions and any other policies on our Site at any time and without notice and that posting any modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
D'lusso will not be liable for failure to perform or delay in performing any obligation which may arise as a result of strikes, riots, storms, fire, explosions, trade disputes, wars (declared or undeclared), floods, government or police action, or any other cause which is beyond the reasonable control of it.
Notwithstanding any of these Terms and Conditions, D'lusso reserves the right, without notice and in its sole discretion, to block or prevent future purchases from you at our Site.
You agree, if you deem appropriate, to obtain and maintain in force throughout the term of the transaction and at your own expense, applicable insurance from a recognized insurance company qualified to do business in the state of Florida for the item(s) you purchase and providing adequate protection for said item(s) for loss, damage, theft, or other peril. If you do obtain such insurance you agree to name D'lusso as an additional insured and agree to cover D'lusso against any claims, suits, loss or damage arising out of any alleged defects in the item(s) or shipping losses or damages of any kind. As proof of such insurance, you agree to provide D'lusso a fully paid certificate of insurance naming D'lusso an additional insured including its directors, officers, and employees.
You agree unconditionally to cooperate fully and in good faith with D'lusso to resolve any and all disputes with D'lusso prior to filing any type of claim in any court and for a period of at least three (3) months. You agree to work with D'lusso during this 3 month period to fully resolve any dispute including assisting D'lusso to the extent necessary in the procurement of documents or information to aid dispute resolution. Any breach by you of this provision constitutes a material breach and will entitle D'lusso to collect damages including attorneys’ fees and costs.
Should any action be required by D'lusso to enforce these terms and conditions in any manner, or relating to any transaction or purchase made from it, D'lusso will be entitled to collect its attorneys’ fees and costs including thru appeal. You acknowledge and agree that this is a material provision in all respects.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Any notice to D'lusso must be in writing and via certified mail, return receipt, and solely to the correct registered agent for D'lusso. You agree and acknowledge that D'lusso is a fictitious name and d/b/a. Legal process must be via process server also to the correct registered agent for D'lusso.
These terms and conditions constitute an agreement and contain the entire agreement between the parties relating to the subject matter hereof, and all prior proposals, discussions or writings are superseded hereby. These terms shall be binding upon and shall inure to the benefit of the parties and their successors, heirs and assigns.
Questions & Contact Information
If you have any questions, please do not hesitate to contact us at the email on our Site.