Effective as of November 1st, 2018
Please read this document carefully. It contains very important information regarding your rights and obligations, including limitations and exclusions that might apply to you.
These terms and conditions (these “Terms & Conditions”) apply to the purchase and sale ofproducts (“Products”) and/or services (“Services”) from Di Minno LLC, a California limitedliability company (“Di Minno”), through Di Minno’s website, www.diminno.com (the“Website”), as well as your use of Di Minno’s Website. By using Di Minno’s Website orplacing an order for such Products and/or Services, you agree to be bound by, and accept, these
Terms & Conditions.
These Terms & Conditions are subject to change by Di Minno, in its sole discretion, and DiMinno reserves the right to update or modify these Terms & Conditions at any time withoutprior notice. For this reason, Di Minno encourages you to review this Terms & Conditionswhenever you use Di Minno’s Website. If you do not agree to these terms, please do not use DiMinno’s Website. The latest version of these Terms & Conditions will be posted on thisWebsite, and you should review these Terms & Conditions prior to purchasing any Product orService.
1. Site Contents
Unless otherwise noted, Di Minno’s Website, and all features and materials on the Website,including text, images, illustrations, designs, icons, photographs, video clips, and other content,and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials(collectively, the “Contents”), are owned, controlled, or licensed by Di Minno.
Di Minno’s Website and the Contents are intended solely for personal, non-commercial use.You may download or copy the Contents and other downloadable materials displayed on DiMinno’s Website for your personal use only. No right, title, or interest in any downloadedContent is transferred to you as a result of any such downloading or copying. You may notreproduce (except as noted above), publish, transmit, distribute, display, modify, createderivative works from, sell, or exploit in any way any of the Contents or Di Minno’s Website.
Unless otherwise specified, Di Minno’s Website and the Contents are intended to promote DiMinno’s Products and Services to customers in the United States. The Website is controlled andoperated by Di Minno from its offices in Redwood City, California.
2. User Comments, Feedback, and Other Submissions
Di Minno is pleased to hear from users and welcomes your comments regarding Products andServices. Di Minno will not accept or consider creative ideas, suggestions, proposals, plans, orother materials other than those Di Minno has specifically requested. Di Minno hopes that youwill understand that the intent of these Terms & Conditions is to avoid the possibility of futuremisunderstandings when projects developed by Di Minno’s employees and agents might seemto be similar to creative works submitted by users. Accordingly, while Di Minno values yourfeedback, Di Minno must ask that you do not send creative ideas, suggestions, proposals, plans,or other materials for Di Minno’s business.
If, at Di Minno’s request, you send certain specific submissions (for example, contest entries,customer reviews, or photographs) or without a request from us you send creative ideas,suggestions, customer reviews, photographs, proposals, plans, or other materials, whetheronline, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that DiMinno may, at any time, without restriction, edit, copy, publish, distribute, translate, andotherwise use in any medium any Comments that you forward to Di Minno. Di Minno is andshall be under no obligation: (1) to maintain any Comments in confidence; (2) to paycompensation for any Comments; or (3) to respond to any Comments. Di Minno has the rightbut not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, includingcopyright, trademark, privacy, or other personal or proprietary right. You further agree thatyour Comments will not contain libelous or otherwise unlawful, abusive, or obscene material,or contain any computer virus or other malware that could in any way affect the operation of DiMinno’s Website. You may not use a false e-mail address, pretend to be someone other thanyourself, or otherwise mislead Di Minno or third parties as to the origin of any Comments. Youare solely responsible for any Comments you make and their accuracy. Di Minno takes noresponsibility for verifying the accuracy or appropriateness of any Comments and assumes noliability for any Comments posted by you or any third party.
Di Minno respects the intellectual property of others. Please see “How to Contact Di Minno”below for guidance on contacting Di Minno if you believe that your work has been copied inany way that constitutes copyright infringement.
5. Product Availability
Certain Products and Services displayed on Di Minno’s Website may be available in selectstores in the United States and, in some cases, select foreign markets, while other Products andServices may be available exclusively online through Di Minno’s Website. Products andServices may have limited quantities and are subject to return or exchange only according tothese Terms & Conditions and the applicable Return Policy.
6. Order Acceptance and Cancellation
Your receipt of an electronic, or other form of, order confirmation does not signify Di Minno’sacceptance of your order, nor does it constitute confirmation of its offer to sell. Di Minnoreserves the right at any time after receipt of your order to accept, decline, or limit your orderfor any reason, whether or not your credit card has been charged. If your order is canceled,declined or limited, your order will be refunded (in full or in part, as applicable) in the originalform of payment. If your credit card has been charged and your order is canceled, declined, orlimited, Di Minno will issue a refund to your credit card account in the corresponding amountof the charge and notify you that your order was canceled, declined, or limited. Store creditsused to place orders will be available to use again once the order is canceled. Promotions willbe reactivated in your account, as long as the promotion has yet to expire.You may cancel your order any time prior to shipment by contacting Di Minno at [_________].In addition, you may return Products in accordance with the Return Policy.
7. Payment Terms
All orders are subject to possible verification for security and fraud prevention purposes, in DiMinno’s sole discretion. You may be contacted and will have 48 hours to complete verificationprocess. If requested and you do not respond after such time, your order will be canceled andrefunded in the original payment method.
The prices displayed on Di Minno’s website are quoted in U.S. Dollars, except that pricesdisplayed on Di Minno’s website are quoted in Euros for customers in the European Union.
Payments may be processed in United States Dollars or Euros. Charges for shipping andhandling will be made in accordance with Di Minno’s then-current Shipping Policy, asdescribed below.
If you preorder you will be required to pay fifty percent (50%) of the amount due as a deposit atthe time you place your order, exclusive of shipping fees and taxes. Di Minno will charge theremaining fifty percent (50%) of the amount due, plus shipping fees, and any taxes or dutiesowed at such time as the Product is ready for shipment.
If you order Products available for immediate shipping from Di Minno’s Website, you will berequired to pay the full amount due, plus shipping fees and any taxes and/or duties associatedwith the Product at the time you place your order.
Please be aware that because of the “pre-sale” nature of preorders you should expect a waitperiod of approximately four to six (4 to 6 weeks between the date you place your order and thedate that the Product is ready for shipment. The estimated delivery window will be noted on the Product page.
8. Advertising Disclaimer and Changes in Products and Pricing
Di Minno is constantly updating and revising its offerings of Products, and Di Minno maydiscontinue Products at any time with or without notice. Di Minno attempts to be as accurate aspossible with Product descriptions and prices. However, Di Minno does not warrant thatProduct descriptions or prices are accurate. Occasionally there may be information on DiMinno’s Website that contains typographical errors, inaccuracies, or omissions that may relateto product descriptions, pricing, promotions, offers, and availability. Di Minno reserves theright to correct any errors, inaccuracies or omissions and to change or update information or
cancel orders if any information on the Website is inaccurate at any time without prior notice(including after you have submitted your order).
All pricing for the Products is subject to change. For all of its prices and Products, Di Minnoreserves the right to make adjustments due to changing market conditions, Productdiscontinuation, manufacturer price changes, errors in advertisements, and other extenuatingcircumstances. If the price of an order changes after you have paid for it in full or after youhave paid the down payment, Di Minno will not adjust the price of your order. You may,however, cancel your order prior to shipment or return Products in accordance with the Return Policy, as set forth below.
In the event that a Product is listed at an incorrect price or with incorrect information due totypographical error or error in pricing or Product information received from Di Minno’ssuppliers, Di Minno shall have the right to cancel, decline, or limit any orders placed forProducts listed at the incorrect price. Di Minno shall have the right to cancel, decline, or limitany such orders whether or not the order has been confirmed and your credit or debit card hasbeen charged. If your credit or debit card has already been charged for the purchase and yourorder is canceled, declined, or limited, Di Minno shall immediately issue a refund to your creditor debit card account in the amount of the corresponding charge and advise you of the canceled, declined, or limited order.
If you are not completely satisfied with your purchase, you may return it in accordance with DiMinno’s Return Policy, as set forth below.
9. Shipping Policy
Di Minno offers a variety of shipping options to meet your shipping needs. Please check theshipping options at checkout for specific delivery options, fees, and estimated transit times.Actual transit times may vary from estimates, and Di Minno is not responsible for any shippingdelays caused by any weather, lightning, fire, earthquake, landslide, drought, other naturaldisaster, explosion, epidemic, quarantine, insurrection, revolution, expropriation, confiscation,change of law, strike, work stoppage, labor dispute, riots, war, sabotage, terrorism, acts of god,customs, or otherwise.
Please note that the estimated transit time described in the shipping options, if provided, mayvary from item to item. The estimated transit time is contingent upon credit card approval andmay be delayed should Di Minno experience difficulties in obtaining authorization.
All orders are delivered with “No Signature Required” and may be left at a residence orbusiness address deemed safe by the delivery company. Di Minno is not responsible for anyloss or liability or damage that may result from leaving your package at the shipping addresswithout a signature. If you prefer to have your order shipped with “Signature Required” pleasecontact Di Minno at [_____________].
No C.O.D. orders will be accepted.
You as the customer and recipient of purchased products are expected to comply with allapplicable laws and regulations of the destination, including payment of applicable importduties, customs taxes, local sales taxes, and other applicable taxes and charges, as describedbelow.
For preordered Products, all relevant shipping fees, import duties, customs taxes, local salestaxes, and other applicable taxes and charges will be charged at such time as the Product isready for shipment. For all other Products, such shipping fees, import duties, customs taxes,local sales taxes, and other applicable taxes and charges will be charged at the time you placeyour order for the Product. Shipping fees, import duties, customs taxes, local sales taxes, andother applicable taxes and charges are nonrefundable.
Di Minno ships on a DDP (Delivery Duty Paid) basis, where import duties, customs taxes, localsales taxes, and other applicable taxes and charges will be automatically applied at the time of checkout.
10. No Price Adjustments
Sales prices are determined at the time of sale and will not be adjusted. If you purchase aProduct from Di Minno’s Website and the same Product (including, e.g., the same size and color) is available on Di Minno’s Website at a reduced price after you place your order, DiMinno will not refund the difference or issue a store credit in the amount of the reduction.
Di Minno will not match any sale or discount prices offered by any other retailers, including affiliates.
11. Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL DI MINNO, ITS DIRECTORS, OFFICERS,MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUPPLIERS HAVEANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSSOF PROFITS, FOR LOSS OF BUSINESS, USE, REVENUE, PROFITS, GOODWILL,DATA, OR OTHER ECONOMIC ADVANTAGE, OR FOR INDIRECT, INCIDENTAL,PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ONCONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR ANYOTHER THEORY OR FORM OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISEDOF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THESALE, DELIVERY, OR USE OF THE PRODUCTS PURCHASED BY YOU, AND SUCHPARTIES’ SOLE AND ENTIRE MAXIMUM AGGREGATE LIABILITY FOR ANY ANDALL REASONS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSEWHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FORTHE PRODUCTS YOU HAVE PURCHASED THROUGH DI MINNO’S WEBSITEARISING OUT OF OR IN CONNECTION WITH WHICH SUCH CLAIMS OCCUR. THISDISCLAIMER, LIMITATION, AND EXCLUSION OF LIABILITY SHALL APPLY EVENIF ANY EXPRESS WARRANTY SET FORTH IN THESE TERMS & CONDITIONS FAILSOF ITS ESSENTIAL PURPOSE.
EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS, ALLEXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING BUT NOTLIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FORPARTICULAR PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONSOR LIABILITIES.
Some jurisdictions do not allow a disclaimer, limitation, or exclusion of liability for certaindamages, so the above disclaimer, limitation, and exclusion of liability may not apply to you tothe extent such jurisdiction’s law is applicable to the sale, delivery, or use of Products that you purchase from Di Minno.
12. Return Policy
Di Minno is pleased to accept timely returns of unused, unworn, unwashed, unaltered, andundamaged items within 15 days from the date you received your order. Please note that ordersmust be returned from the same country they were originally shipped.
Your Products must be returned in the original packaging, including any boxes, and othersignature packaging materials, including Di Minno and designer hanging tags Dust bags,authenticity cards, and leather tags should all be included when provided with the originalshipment. If your order did not include the proper packaging, please contact Di Minno at______________.
Any returned Products which are damaged, soiled, or altered, or that are not accompanied bythe original packaging materials, may not be accepted and your requested return will berejected. Refunds or credits will not be processed until the items are returned, inspected,approved, and accepted by Di Minno.
Shoes must be tried on over a carpeted surface to prevent any scratches to the soles. All shoesmust be returned in their original shoe box. Shoes returned without the original box, a damagedbox, or marked soles may not be accepted and will be returned to you.
Products that are received damaged or become damaged by a manufacturing fault within six (6)months of purchase are considered faulty. Items that become damaged as a result of normalwear and tear are not considered to be faulty. Di Minno will determine, in its sole judgment anddiscretion, whether the damage is as a result of normal wear and tear or some other reason.
Damaged or faulty Products returned to Di Minno, during the applicable six (6) month period,will be replaced or repaired, where possible and subject to availability, in Di Minno’s solediscretion. If a Product is properly returned during the applicable six (6) month period, butcannot be replaced or repaired, Di Minno will refund the purchase price.
Any Product returned after the 15-day or 6-month period, as applicable, are at the solediscretion of Di Minno, and may not be accepted or only accepted for store credit.
Di Minno has made every effort possible to ensure the colors are displayed as accurately aspossible. Di Minno cannot guarantee your computer’s monitor will accurately display the truecolor. If you have any questions about the color of an item, please contact Di Minnoat [________] prior to placing your order.
ITEMS PURCHASED DURING SALES ARE ALSO NOT ELIGIBLE FOR RETURN OREXCHANGE. IN ADDITION, ITEMS FROM THE LISTED CATEGORIES BELOW ARECONSIDERED TO BE “FINAL SALE” ITEMS AND ARE ALSO INELIGIBLE FORRETURN OR EXCHANGE. FINAL SALE ITEMS WILL BE NOTED AS “ITEM IS NOTELIGIBLE FOR RETURN” ON THE PRODUCT PAGE, AS WELL AS WITHIN YOURCHECKOUT WINDOW AND YOUR CONFIRMATION EMAIL.
If you would like to return a product not listed above, sign into your Di Minno account, andlocate the item/order under “ORDER HISTORY”. Click “REQUEST RETURN” next to theproduct(s) you wish to return and a pop-up page will appear with the prepaid shipping label,instructions, and international commercial invoices (where applicable). You will also receive a“Return Requested” email confirmation with a copy of the prepaid shipping label, instructions,and international commercial invoices (where applicable) attached. cost of shipping will bededucted from your applicable refund, if any.
You may use one (1) return label to return multiple products from different orders in onepackage. Simply affix one of the return labels to the outside of the box. International ordersmust include any and all commercial invoices of the products being returned to prevent anydelays with clearing international customs.
Di Minno prefers that Products are returned to Di Minno using the provided labels to ensure theProducts are protected and insured. However, you may return goods at your sole risk andexpense using any safe and secured means. Please contact Di Minno at____________________ regarding such returns. Please note that Di Minno may not acceptliability for any Product returned without using the prepaid return label provided by Di Minno.Returns may be sent to the address below:
Attn: Customer Returns
13. Contests and Promotions
On occasion Di Minno may issue promotional codes, site credits, and similar discountopportunities (“Special Offers”)“which will provide a credit or price reduction towards apurchase on the Website when redeemed at checkout. These Special Offers arenon-transferrable, and are to be used only by the intended recipient. In particular, Di Minnoreserves the right to cancel a Special Offer and/or to reject redemption of a Special Offer when the total value of the Special Offer exceeds a certain value, generally the price of the item forwhich the Special Offer is used.
Special Offers are only eligible for full-priced products and are limited to one per transaction.Minimum spends may be required and will be communicated on any correspondence. Where aSpecial Offer has been communicated via email, the Special Offer is non-transferable and theemail address provided during checkout must be the same as the email address to which theSpecial Offer was sent. Di Minno shall not be liable to any customer for any financial lossarising out of the refusal, cancellation, or withdrawal of a Special Offer or any failure orinability of a customer to use a Special Offer for any reason.
Special Offers do not cover the costs of any shipping fees, import duties, customs taxes, localsales taxes, and other applicable taxes and charges where applicable. These are to be paid byyou. Special Offers may be applied to pre-orders, but will only be deducted from the balancedue. The 50% deposit must be paid at the time the pre-order is placed, in order to submit to thedesigner.
All Special Offers have an expiration date which will be indicated in your account or in anycommunication about the Special Offer. Once a Special Offer has expired the amount may notbe refunded. If the Special Offer is still active when you return a Product, the Special Offer willbe reactived in your account to be used towards a future order prior to the applicable expirationdate.
15. Dispute Resolution and Arbitration Agreement
Mindful of the high cost of legal disputes, not only financial but also in time and energy, bothyou and Di Minno agree to the following dispute resolution procedure.
In the event of any controversy, claim, action or dispute arising out of or related to anytransaction conducted on Di Minno’s Website, or the breach, enforcement, interpretation, orvalidity of these Terms & Conditions, including the Arbitration Agreement, or any part of it (a“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute byproviding written notice to the other party (by first class or registered mail) describing the factsand circumstances (including any relevant documentation) of the Dispute and allowing thereceiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) ifto Di Minno, then to Di Minno LLC, Attn: Legal Department, ____________________, or (2)if to you, then to you at your last-used billing address or the billing and/or shipping address inyour online profile.
Both you and Di Minno agree that this dispute resolution procedure is a condition precedentwhich must be satisfied prior to initiating any arbitration or filing any claim against the otherparty.
16. Arbitration Agreement
To the extent you and Di Minno cannot resolve any Dispute through the informal disputeresolution procedure described above, a Dispute shall be resolved through binding individualarbitration. You agree to give up your right to go to court to assert or defend your rights underthese Terms & Conditions and this Arbitration Agreement and with respect to any Dispute. Youand Di Minno expressly delegate to the arbitrator the authority to determine the arbitrability ofany Dispute, including the scope, applicability, validity, and enforceability of this arbitrationprovision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to Di MinnoLLC, Attn: Legal Department, ____________________. You agree that the arbitration shall beArbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rulesare available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. Inthe event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree toanother arbitration provider. Payment of all filing, administration, and arbitrator fees will begoverned by the AAA’s applicable rules. Di Minno will reimburse those fees for claims totalingYou may choose to have the arbitration conducted by telephone, based on written submissions,or in person in the county where you live or at another mutually agreed location.
In lieu of arbitration, either you or Di Minno may bring any individual claim in small claimscourt consistent with the jurisdictional and dollar limits that may apply, as long as it is broughtand maintained as an individual claim
17. Waiver of Right to Bring Class Actions and Representative Claims.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve theDispute with the same remedies available in court; however, any relief must be individualizedto you and shall not affect any other customer. You and Di Minno agree that each may bringclaims against the other in arbitration only in your or their respective individual capacities andin so doing you and Di Minno hereby waive the right to a trial by jury, to assert or participate ina class action lawsuit or class action arbitration (either as a named-plaintiff or class member),and to assert or participate in any joint or consolidated lawsuit or joint or consolidatedarbitration of any kind. If a court decides that applicable law precludes enforcement of any ofthis paragraph’s limitations as to a particular cause of action, then that cause of action (and onlythat cause of action) must remain in court and be severed from any arbitration.
These Terms & Conditions constitute the entire agreement and understanding between you andDi Minno concerning the subject matter hereof. If any provision of this Agreement is held inwhole or in part to be unenforceable for any reason, the remainder of that provision and of theentire Agreement will be severable and remain in effect.
The waiver of any provision of these Terms & Conditions shall not be considered a waiver ofany other provision or of Di Minno’s right to require strict observance of each of the terms andconditions herein.
The laws of the State of California, in the U.S.A., without regard to the conflicts of lawsprinciples thereof, will apply to all matters relating to the use of Di Minno’s Website and thepurchase of Products and Services, except for the Arbitration Agreement above, which shall begoverned by, and interpreted, construed, and enforced in accordance with, the FederalArbitration Act.
You and Di Minno agree and hereby submit to the exclusive personal jurisdiction and venue ofthe State and Federal Courts of California in San Francisco, California, in the U.S.A., withrespect to such matters.
These Terms & Conditions, including the Arbitration Agreement, shall survive conclusion,termination, or expiration of any purchase and sale of Products and Services and your use of DiMinno’s Website.
19. How to Contact Di Minno
If you wish to contact Di Minno about these Terms & Conditions or any of your optionsoutlined in these Terms & Conditions, you may contact Di Minno at _____email___________ .