Terms of Use

DITAVAULT.EU – TERMS OF USE

These Terms of Use (“Terms”), as amended from time to time, govern your access and use of the webpages at www.ditavault.eu that directly link to these Terms (“Website”). This Website is operated by DITA Eyewear Europe, Ltd., (“DITA”, “we” “our,” or “us”). If you want to access, browse or otherwise use the Website you must comply with these Terms. If you do not agree to these Terms, do not use the Website.

Table of Contents:

Disclaimers and Limitations

Website Use Is “As Is” And At Your Own Risk. We make no express representations or warranties of any kind regarding the accuracy or completeness of information on this Website.

Exclusive Remedies. Your sole and exclusive remedy for any dissatisfaction, defects, errors or problems regarding the Website shall be that you leave the Website.

Our Liability Shall Be Limited. We shall not be liable for any indirect, incidental, special or consequential damages, loss of data, profits, or revenue, or cost of cover, or any similar or other damages arising from the use of the Website. Our liability for direct damages relating to the Website shall be limited to €500 in the aggregate. The aforementioned limitations of liability shall apply to any loss or damages, however caused and regardless of the theory of liability, whether derived from contract, tort (including, but not limited to, strict liability and negligence), or any other legal theory, even if we were advised of the possibility of such damages and regardless of whether any of the limited remedies hereunder fail of their essential purpose. Some countries do not allow all or part of the above limitations or exclusions of liability and, if required by applicable law, the contents of this section may not apply to you. 

Access and Use

Property Rights. We own or license the server and software on which the Website is hosted, all photos, text, videos and other content displayed on the Website, and all trademarks, logos, and product names, and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.

Limited License. We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Website via general purpose Internet browser software for purposes of learning about DITA and products for purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. You may download to a local hard disc to the extent necessary for browsing the Website and print extracts from this Website for your personal use. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deep-linking, spidering, crawling, adaptation, or reproduction of the Website or any portions thereof.

Submissions. If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our  or elsewhere on the Website) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. Do not submit any materials if you cannot comply with these Terms.

Linking. Links may be established on DITA’s website to those owned by third parties. Any links on the website are provided solely for the use and convenience of the visitor and do not mean that we have any association with the linked website. DITA does not control any such third party websites and DITA is not responsible for the content of any website or any damages you may suffer from using such third party sites. To the extent permitted by law, we are not liable for any loss, damage, expense costs or liability whatsoever incurred by you as a result.

 

Purchase of Products

If you purchase products on this Website, then our Terms of Sale and Returns Policy apply to you in addition to these Terms. Our limited warranty policy describes the conditions and procedure for obtaining warranty service under our limited warranty. Our limited warranty operates in addition to any statutory warranty rights you may have in your country of residence and does not limit any such rights.

Privacy

Our Privacy Statement discloses how we collect, store, and process your personal information.

 

Online Dispute Resolution

 

If you have a problem with us regarding a product you bought on www.dita.com, you can settle the dispute out of court through an online platform available in all EU member states languages, at http://ec.europa.eu/odr. For questions, clarifications, and for the purpose of any claim through the ODR Platform our email address is: info@dita.com.  

 

Governing Law and Forum for Disputes

These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the Republic of Ireland (without regard to conflict of law provisions and excluding the UN Convention on Contracts for the International Sale of Goods (CISG)), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Irish courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law. 

 

General Terms

Changes. We may change the content on our Website and these Terms at any time, at our sole discretion, by publishing changes on the Website or otherwise notifying you. If we make material changes to these Terms, we’ll post a prominent notice of these changes on our Website and send you a notice of these changes by email if you have provided us your email address. If you continue using the Website after such notice is provided, you accept the new Terms. 

Severability. If any provision of these Terms is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.

Entire Agreement. These Terms and any additional terms referenced herein or otherwise specified on the “Checkout” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.

Your Rights Under Law. These Terms and any additional terms referenced herein or otherwise specified on the “Checkout Page” will not affect your rights under law in your country of residence which cannot be limited.

Contact Information

Contact Information. This Site is operated by DITA Eyewear Europe, Ltd., Address: Suite1, Ground Floor Distillery Building, Fumbally Court, Fumbally Lane, Dublin D08 TE80, Ireland; Phone: +353 76 888 6229; Fax: +353 (0) 16 864788; Email: info@dita.com.

Last updated June 23, 2017.