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Terms & Conditions

Terms & Conditions

Terms and Conditions of Sale

 THESE TERMS AND CONDITIONS OF SALE (HEREINAFTER THESE « TERMS OF SALE») APPLY TO ANY ORDER, PURCHASE, RECEIPT, DELIVERY OR USE OF ANY PRODUCTS AND SERVICES (COLLECTIVELY « PURCHASE ») FROM CATIMINI USA, LTD., ITS SUBSIDIARIES OR AFFILIATES (HEREINAFTER “CATIMINI”, « COMPANY », « US » OR « WE »), OR OTHERWISE SOLD THROUGH THE WEBSITE (WWW.CATIMINIUSA.COM) OR ANY AFFILIATED WEBSITES (COLLECTIVELY, THE “WEBSITE”) OR BY TELEPHONE, FACSIMILE OR E-MAIL.  PLEASE READ THESE TERMS OF SALE CAREFULLY.  BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SALE.   IF YOU DO NOT ACCEPT THESE TERMS OF SALE, DO NOT USE THIS WEBSITE.  THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION BY COMPANY WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME.  YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SALE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.  YOU SHOULD ALSO READ OUR PRIVACY POLICY WHICH ALSO GOVERMS YOUR USE OF THIS WEBSITE.

 

PRODUCTS AVAILABILITY AND DESCRIPTION. All features, content, specifications, and prices of products and services described or depicted on this website as well as the availability of the products are subject to change at any time without notice.  If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. Catimini shall not be liable for any claims or damages arising in connection with products that are out of stock or otherwise unavailable.  Catimini reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.  All sizes, measures and similar descriptions are approximate and are provided for convenience purposes only.  We make all reasonable efforts to accurately display the attributes and characteristics of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) with regard to the possession, use and sale of any item purchased from this website.  By placing an order, you represent that the products ordered will be used only in a lawful manner.  

ORDERS. These Terms of Sale will govern our sale of products to you, and by placing an order with us you agree to be bound by these Terms of Sale with regard to that order.  The preprinted terms of any documents, such as purchase orders, that you may submit to us in conjunction with an order for products will not alter, change or add to these Terms of Sale, regardless of how we acknowledge or accept your order and regardless of the fact that such preprinted terms may contain language stipulating that they supersede these Terms of Sale.  All orders are subject to acceptance by us, and once accepted, an order cannot be cancelled, modified or rescheduled by you without our prior written consent except to the limited extent set forth on this website.  We reserve the right to reject or cancel any order, or to limit the size of any order, at any time in our sole discretion.

PRICES.  Prices are advertised in US Dollars.  Prices for our products shall be our published prices for those products on the website.  We reserve the right to increase the price for any product without notice to you (provided, that we will not increase prices for products which have been previously ordered by you but not yet shipped).  We are not responsible for any errors on the website.  In the event a product is listed at an incorrect price due to typographical, photographic or technical error, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.

TAXES, CUSTOMS, DUTIES.  Prices listed on our website do not include any sales, use, excise, value added and similar taxes imposed by any governmental authority regardless of how they are named.  You shall pay all such taxes or charges or provide us with a tax or levy exemption certificate acceptable to the applicable taxing or levying authority.  You shall also pay all customs or duties charges levied by the destination country in connection with international shipments, if any are allowed on this website.  In the event we are required to pay any taxes or other charges for which you are responsible, you shall repay these amounts to us immediately upon receipt of our invoice.

PAYMENT TERMS.  We accept payment by credit card, the list of which is posted on our website.  Such list is subject to change without notice.  You are responsible for paying all taxes and charges associated with your order.  Your credit card will be charged on the date we ship your merchandise or, at the Catimini’s discretion, at a later date.  You hereby authorize Catimini to charge any credit card or debit ant debit card you may have on file with us for the full amount of the charges you owe to us for any products purchased on our website or over the telephone.  You agree not to withhold from or offset against any amount you owe us for any reason.   You also agree to contact us to discuss any and all product and/or transaction claims and before you initiate charge refusals or charge-backs with credit card or debit card issuers, and you further agree to indemnify us for any expenses or damages we may suffer as a result of your charge refusal or charge-back.  In addition to our other rights, we reserve the right to cancel or suspend delivery of all or part of an order if you are delinquent in any payments you owe us.  You agree to pay, in connection with any past due balance, (i) a late payment charge of 1½ percent per month, but not in excess of the lawful maximum, and (ii) all costs incurred by us in collecting such past due balance, including, without limitation, court and arbitration costs and attorney’s fees and expenses.

SHIPPING.  After you order is processed, it will be shipped from our warehouse to the shipping address you have provided to us.  Orders received by us after 2:00PM Eastern Standard Time will be shipped to you the following business day.  We offer free shipping when the total price of your order equals to or exceeds $125.00.  If the total price of your order is less than $125.00, you will be charge a flat fee of $7.95.  Should you wish to expedite the shipping of your order, you will be able to do so by paying the corresponding expedited rate.  Once your order is shipped your will receive an email confirmation together with a tracking number.  Shipping dates are approximate and shipping costs are as posted on the website in connection with your order.  It is your responsibility to provide accurate contact information that allows the shipper to contact you when shipment is delivered.  We shall make every reasonable effort to meet your specified delivery date, but in no case shall we be liable to you if we are unable to meet such date.  Title and risk of loss pass to you upon delivery of the items purchased from this website to the carrier selected to ship the product(s) you have ordered.  You are responsible for filing any claims with carriers for damaged and/or lost shipments.  You are also responsible for all shipping and related charges in the event you refuse a shipment for any reason.

NO RESELLING.  You shall purchase products through the website solely for your own use and not for resale.  You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products or materials by you.

RETURNS.  If you are not satisfied with your purchase, you may return unwashed, unworn, undamaged or defective merchandise, with the original sales receipt/packing slip and price tags attached within twenty eight (28) days from the date of your purchase.  Returned products must be in their original packaging.  All returns are subject to verification of original sale, and we reserve the right to limit returns.  To return products you must follow our return procedures, including obtaining a return merchandise authorization number (“RMA Number”) by sending an email to  Catimini USA or call 1-800-270-1685.  Subject to our verification of the merchandise returned to us, we will refund you the original purchase price in full.  SHIPPING AND HANDLING, DELIVERY AND SIMILAR FEES (INCLUDING RELATED SALES TAXES) ARE NOT REFUNDABLE.  YOU ARE RESPONSIBLE FOR THE PRODUCTS UNTIL WE RECEIVE THEM.  YOU WILL BE CHARGED SHIPPING, HANDLING FEE AND/OR A RESTOCKING FEE TO RETURN PRODUCTS EXCEPT IF YOU ARE RETURNING PRODUCTS WHICH YOU DID NOT ORDER OR WHICH ARE DEFECTIVE.  You must also (i) include any receipt or other purchase documentation with such return, and (ii) send the product back to us, at your expense, at the address indicated below using a method allowing you to track your return package.  We suggest you insure the package.  We do not accept COD deliveries.

Address for return merchandise:

Catimini USA, Ltd.

Returns Department

49 West 45th Street, 10th Floor

New York, NY 10036

Once we receive your package and subject to our verification process, we will process an exchange or issue a refund. 

INTELLECTUAL PROPERTY.  You hereby acknowledge Catimini’s intellectual property rights in the name “Catimini”, the website and all other intellectual property owned by or licensed to Catimini or its parent company or affiliated companies and nothing herein shall be deemed to assign ownership of any such intellectual property to you or shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such intellectual property.  Our intellectual property may include, but is not limited to, patents, patent applications, copyrights (including drawings, prints, manuals and specifications), logos, trademarks and service marks (registered or unregistered) and applications thereof, "trade dress", and technical, proprietary and confidential information.  You attest that you are purchasing the products sold through our website simply for its intended use and will not use any product to develop similar products or materials to those purchased from our website.

DISCLAIMER. YOUR USE OF THIS WEBSITE IS AT YOUR RISK.  THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE.  THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.  THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.  WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENT ACT.  THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE DURABILITY, EXACT COLOR OR ANY SIMILAR ASPECT OF ANY PRODUCTS SOLD THROUGH THIS WEBSITE.  OUR SOLE OBLIGATION IN RESPECT OF DEFECTIVE PRODUCTS AND YOUR EXCLUSIVE RIGHTS UNDER OUR WARRANTY ARE LIMITED, AT OUR OPTION, TO REPLACE THE PRODUCTS, OR TO REFUND THE PURCHASE PRICE PAID BY YOU FOR THE AFFECTED PRODUCTS.

UNAUTHORIZED USE OF PRODUCTS. Catimini shall not be liable for any claims, damages or injuries caused by your negligence, the misuse of any of our products by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of the products sold through the website. 

GIFT CERTIFICATES.  Catimini may offer gift certificates from time to time.  Gift certificates will be subject to the following terms.  Gift certificates can only be redeemed via purchases made on this website, and are not redeemable for cash.  Any unused balance will be placed in the recipient's gift certificate account and is not transferable.  If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card or a debit card.  We are not responsible for lost or stolen gift certificates.  We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.  In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate.  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 to you, and you might have additional rights.

INAPPROPRIATE MATERIAL.  You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.  In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials.  We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

LIMITATIONS OF LIABILITY.  WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS.

NONE OF THE COMPANY, ITS EQUITY HOLDERS, ITS MANUFACTURERS OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE THEORY UPON WHICH ANY SUCH CLAIM IS BASED.

IN NO EVENT WILL WE, OUR MANUFACTURERS, OUR AFFILIATES OR OUR EQUITY HOLDERS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF (X) THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO ANY CLAIM REGARDLESS OF THE THEORY UNDER WHICH SUCH CLAIM IS ASSERTED, OR (Y) FOR ALL OTHER TYPES OF CLAIMS, THE AGGREGATE AMOUNT PAID BY YOU TO US DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.  THE COLLECTIVE LIMITATIONS ON OUR LIABILITY UNDER THESE TERMS OF SALE APPLY ALSO TO OUR SUPPLIERS WHO ARE INTENDED BENEFICIARIES OF THESE LIMITATIONS.

IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OF THIRD PARTIES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

USER INFORMATION.  Other than personally identifiable information, which is subject to this Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post on this website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary.  We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes, without payment of any consideration to you.  We may, but are not obligated to, monitor or review any User Communications.  We shall have no obligation to use, return, review, or respond to any User Communications.  We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.  We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

FORCE MAJEURE.  Except for payment obligations, neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, war, terrorist attacks, fire, bad weather, flood, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation.  The time for performance shall be extended by the period of the applicable force majeure event.

ASSIGNMENT.  You may not assign these Terms of Sale, by operation of law or otherwise.  Any assignment attempted in violation of this provision shall be void and of no legal effect.

REPRESENTATIONS AND WARRANTIES.  You hereby represent and warrant that you have the authority to enter into this Agreement, and that these Terms of Use are binding on you and/or the company for which you are an employee or agent.

GOVERNING LAW.  These terms and conditions shall be governed and construed in accordance with the laws of the State of New York excluding its choice of law provisions.  These Terms of Sale supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them.

A printed version of these Terms of Sale shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Sale to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The United Nations Convention for the International Sale of Goods shall not apply.

ARBITRATION.  We agree to attempt to resolve any disputes amicably through our respective representatives.  If, after thirty (30) days we are unable to do so, then we each agree that any claim or controversy of any sort relating to our agreement shall be determined by arbitration in New York City, New York County, Sate of New York before a single arbitrator.  The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis.  At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules.  The arbitrator shall have no power to add to, delete from or modify these Terms of Sale.  Each of us shall have the right to conduct discovery to which we would be entitled had the dispute been resolved in a state court of general jurisdiction in New York.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction.  This clause shall not preclude either of us from seeking provisional remedies in New York in aid of arbitration from a court of appropriate jurisdiction.  The arbitrator may, as part of the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees and expenses of the prevailing party.  Notwithstanding the foregoing, in addition to our rights set forth above, we may initiate proceedings directly in the appropriate court located in New York in connection with any claim to collect amounts due and owing by you.

ENTIRE AGREEMENT.  These Terms of Sale represent our entire agreement with respect to your order.  No modification or amendment or waiver of rights will be effective except in a written document signed by both of us.  Waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.  

REVISIONS TO THESE TERMS OF SALE.  We may revise these Terms of Sale at any time and from time to time by updating this posting.  You should visit this page from time to time to review the then current Terms of Sale because they are binding on you.  Certain provisions of these Terms of Sale may be superseded by expressly designated legal notices or terms located on particular pages of this website.

SEVERABILITY.  If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby. 

USE OF THIS WEBSITE.  The website design and all text, graphics, information, designs, logos, content, and other material displayed on or that can be downloaded from this website are the property of Catimini and are protected by U.S. and International copyright, trademark and other laws and may not be used except as permitted pursuant to these Terms of Sale.  Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.  You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer.  You agree to accept responsibility for all activities that occur under your account or password.

ELECTRONIC COMMUNICATIONS.  When you visit this website or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on this website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  You agree that we may send email to you for the purpose of advising you of changes or additions to this website, about any of our products or services, or for such other purposes as we deem appropriate.

LINKING TO THIS WEBSITE.  Creating or maintaining any link from another website to any page on this website without our prior written permission is prohibited.  Running or displaying this website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited.  Any permitted links to this website must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.

THIRD PARTY LINKS.  From time to time, this website may contain links to websites that are not owned, operated or controlled by us or our affiliates.  If you use these links, you will leave this website.  Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website.  Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites.  If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

INDEMNIFICATION. You agree to defend, indemnify and hold Catimini, its parent company and affiliates, owners, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees and expenses, arising from or related to your use of the website.

TERMINATION.  You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason.  You are personally liable for any orders that you place or charges that you incur prior to termination.  We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.