Terms of Service
Diamondfragrances.us (“Website”) is owned and operated by Sodico USA, Inc. (“SODICO USA, INC.,” we,” “us” or “our”). All content and services are subject to the following terms and conditions, our Privacy Policy, and other terms and conditions and policies which may be added to the Website periodically in connection with certain promotions or features. These Terms and Conditions set forth the legally binding terms and conditions for your use of the Website and the related services, features, content, or any purchases you make via any of the Website (collectively “use”). By visiting any our Website, you consent to and agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, do not use the Website. These Terms and Conditions apply to all users of the Website, including any user who contributes content, information, or other materials to the Website.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS, OFFERINGS OR OFFERINGS.
PRODUCTS & SERVICES
Descriptions of products contained within the Website are not product labeling. You agree to use all products in accordance with the instructions contained on the cartons and labels found on those products in the country of purchase.
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, size, information or other content available on the Website are accurate, complete, reliable, current, or error-free. For instance, colors shown in a photograph displayed on your particular monitor may not accurately represent the exact color of the product, although we work hard on our end to make sure things are accurate as possible. From time to time there may be information on the Website that is in error, including with respect to descriptions, pricing and availability. We reserve the right to correct those errors and to change or update information at any time without prior notice (including after you have submitted your order).
The products and services available and purchased on the website cannot be resold or exported. All affiliates, third party suppliers and wholesale customers must be approved by Sodico USA, Inc. and can be done so by contacting info@sodico.us You agree when purchasing from this site that you are doing so for your personal use or for use in your business only, and not for resale or export. You agree to use the Website only for lawful, non-commercial purposes and in compliance with all international, federal, state and local laws. We reserve the right, with or without notice, to reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in a violation of our Terms and Conditions. We also reserve the right to cancel or modify orders that would cause violations of local laws and regulations if purchased or processed in, or shipped to, a particular location.
ORDER PROCESSING & SHIPPING
All orders placed on the Website will be processed within 24-72 hours of receipt, barring any extenuating circumstances. Orders are processed Monday – Friday, during normal business hours and exclude US Federal Holidays. All orders will be shipped utilizing the method deemed most appropriate by our warehouse staff. The carriers we use are UPS, FedEx and USPS for domestic shipments and DHL/UPS for International Orders.
From time to time, we offer free shipping for certain orders. We also offer Expedited Shipping for an additional cost to the customer and are based on package weight and destination. Some states may incur additional shipping charges. We are only able to ship to one address per order.
From time to time, we may make promotional offers available on the Website. Unless otherwise stated, promotions may not be combined.
Order Shipment confirmations will be sent to the customer when the order is ready to ship and will contain a tracking number for the selected carrier.
Any lost, stolen or damaged packages must be reported within 10 days of delivery. All communication regarding lost, stolen or damaged packages should be directed to info@sodico.us.
Orders may only be cancelled if they have not been scheduled for pick up at our fulfillment center.
The international shipping methods we offer are FedEx Express, FedEx International Ground to Canada and DHL Express worldwide.
We are currently unable to ship orders to destinations outside of the United States, Canada, or Mexico. If you wish to ship to another destination, please contact us at info@sodico.us
Please note that all international orders are subject to the country and/or destination’s duties and CEF (clearance entry) fees. Sodico USA, Inc. is not responsible for any additional fees incurred because of import or export duties, fees, or customs.
RETURN POLICY
While our hope is that all customers will be satisfied with our products, we realize that may not always be the case. If you wish to return your purchase for a refund, a 20% restocking fee is applied to all returns. You may also request a product exchange. All requests for returns or exchanges must be made within 10 days of product delivery and all packaging must be unopened and unused. Shipping charges are not refundable, and the customer is responsible for all return shipping costs. We cannot accept returns or exchanges for any promotional items or special kits. Once a product has been opened, we are unable to accept a product return.
Sodico USA, Inc. does not accept any returns, exchanges, or refunds for wholesale orders for any reason.
We are only able to accept returns on products ordered directly from www.Diamondfragrances.us and we reserve the right to refuse a return, exchange, or refund on opened, used or merchandise not returned in its original condition or beyond the designated return/exchange period. For merchandise purchased from another retailer, please contact them directly regarding their return or exchange policy.
A Return Authorization must be requested prior to sending your order back by contacting info@sodico.us or by contacting Customer Service at 203-635-6319.Accuracy of Product Information and Availability
YOUR ACCOUNT
Although you may view the Website without registering, in order to access some of the Offerings on this site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
Disclosure to Third Party Affiliates. You hereby grant us the right to disclose to third parties certain Registration Info about you.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
FRAUD PROTECTION
We reserve the right to refuse to process any order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
INTELLECTUAL PROPERTY
All information and content available on the Website and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization (“look and feel”) thereof (collectively, the “Content”) are the property of SODICO USA, INC., our affiliates, partners or licensors, and is protected by United States, international, and state laws, including laws governing copyrights and trademarks and unfair competition.
Except as set forth in the limited licenses set forth below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. Nothing stated or implied in this agreement confers on you any license or right to use any Content, regardless whether the use is personal, non-commercial, or commercial.
The Website offers the ability to post reviews and generate user created content, either with your account or linked social media profile. If you choose to use this feature, you grant SODICO USA, INC. a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify (for formatting purposes), publicly display and reproduce, and distribute copies of any and all portion of your content in connection with our products and services, on the Website or another. Further, it is your responsibility when generating user content to ensure that you have all rights necessary to grant us the license rights in your user content. You represent and warrant that no part of your user generated content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You may not post, publish, submit or transmit any content that violates or encourages any conduct that would violate any applicable law or regulation or would give right to civil liability. You may not post any fraudulent, false, misleading, or deceptive content. You may not solicit other products or services on our Website. You may not post anything that is defamatory, obscene, pornographic, vulgar or offensive, nor may you post anything that promotes discrimination, racism, harassment, or harm of any kind, whether physical or emotional, against any individual or group. You may not post anything that promotes any illegal or illicit behavior.
You may not use any content of the Website, in whole or in part, in an unlawful manner. You shall not solicit the performance of any illegal activity or other activity which infringes the rights of SODICO USA, INC. or others.
If you are interested in obtaining a license to use our Content, please use the contact information provided below to contact us.
Intellectual Property Complaints
We respect the intellectual property of others. If you believe that a work has been copied or used on the Website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please use the information below to contact us. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.
LIMITATION OF LIABILITY & INDEMNIFICATION
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Offerings purchased on the Site during the one (1) month period before the act giving rise to the liability.
In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profit loss, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this site.
Further, we shall not be liable in any way for third party promises regarding our offerings or content or for assistance in conducting commercial transactions with the third party through this site, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
INTERNATIONAL USE
Although access to our Website may be made internationally, we make no representation that materials on the Website are available outside of the United States. Those accessing the Website from outside the United States are responsible for compliance with local laws. Products and promotions are unavailable outside of the United States, unless expressly noted and is otherwise void where prohibited. Internet users located in countries which are subject to U.S. trade embargo laws and regulations are prohibited from accessing the Website and are asked to promptly exit the Website at this time.
EMAIL SUBSCRIPTIONS
In various places within the Website, there may be an option to subscribe to an email database, which is used to send reminders, updates, news and other marketing and promotional information pertaining to SODICO USA, INC. and the Website. There is always an option to decline the subscription or unsubscribe after receiving the newsletter. Email addresses gathered for subscription purposes are used only for this purpose and no other.
Feedback and Suggestions
We always accept comments and suggestions to improve our Website and products. However, we do not accept unsolicited ideas as to new product offerings, potential advertising or marketing campaigns, or other related suggestions. When submitting comments, suggestions, or unsolicited ideas, be aware that you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments, suggestions, or unsolicited ideas for any purpose. You will receive no compensation. If you submit comments, suggestions, or unsolicited ideas, and see us use it in any way, you will have expressly waived a claim of infringement or any other claim against us for its use through this section. Any comments, suggestions, or unsolicited ideas shall be deemed non-confidential.
DISCLAIMER
All content and offerings on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the content or offerings will meet your requirements, (b) the content, offerings or site will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the content or offerings offered will be effective, accurate or reliable, or (d) the quality of any content or offerings purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content and offerings at this site, including the prices and descriptions of any products or offerings listed herein, at any time without notice. The content or products available at this site may be out of date, and we make no commitment to update such content or products.
The use of the offerings or the downloading or other acquisition of any products or content through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
We make no warranty regarding any transactions executed through a third party, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any offerings or content available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
We reserve the sole right to either modify or discontinue the site, including any offerings or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of free or fee-based services, or changes to limitations on allowable content, file sizes or file types. Any new features that augment or enhance the then-current offerings on this site shall also be subject to these terms of use.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your jurisdiction.
CONSENT
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on the Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by using the contact information provided below and discontinue your use of the Website. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. We cannot provide the benefits of the Website to any user that cannot consent to receipt of Notices electronically. We will rely on the email provided by you when sending out these notices. It is your responsibility to maintain a current email address. Your failure to maintain an active email and keep it current with our Website will not constitute a lack of notice.
GENERAL
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions or concerns about our Privacy Policy or Terms of Service, please contact us at info@sodico.us or by sending written correspondence to Sodico USA, Inc., 1010 Summer Street, Suite 201, Stamford, CT 06905; Attn: Compliance Dept.
