Effective as of December 1, 2007 Welcome to Dal Negro Direct! We welcome you to our website and wish you a pleasant shopping experience. Your use of this website and your purchases from or through this website are subject to these Terms of Use. If you use this website or make purchases from us, you accept these Terms of Use, as these Terms of Use may change from time to time. Please read them carefully. If you do not agree with any of these Terms of Use, do not use this website or purchase products from us.
PRIVACY We do not sell or rent our customers' information to third parties. However, please read our Privacy Notice, which forms part of these Terms of Use.
SHIPPING AND RETURNS Please read our Shipping and Returns policy, which describes how we will ship the products you purchase from us and our return policies and procedures. The Shipping and Returns policy also forms part of these Terms of Use.
FOREIGN CUSTOMERS We currently provide this website and offer our products only to entities and individuals in the United States of America.
PRODUCT AVAILABILITY Some products may be available only in limited quantities or only while supplies last. Certain products displayed on this website may no longer be available. Once a product is out of stock, we will attempt to remove the product promptly from display on this website or identify the product as sold out. However, the display of a product on this website is not a promise or guarantee that the product is available or will be available. Should you have any questions concerning the availability of a particular product, please contact us via the Contact Us link at the bottom of this page and we will be happy to help you find the item you are looking for. You agree that we may modify any order that you place with us if we do not have sufficient stock to ship your order in full.
PRODUCT DESCRIPTIONS We attempt to accurately describe the products on this website. However, we do not promise or warrant that any product descriptions or other content in this website are accurate, complete, reliable, current or error-free.
PRODUCT DISPLAY We will use reasonable efforts to display its products on this website as accurately as possible. However, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. As a result, we cannot promise or guarantee the accuracy of the display of any products or other content on this website.
ELECTRONIC COMMUNICATIONS You consent to receive communications from us electronically, including by e-mail or by posting notices on this website. You agree that all communications that we provide to you electronically, including by e-mail or by posting notices on this website, satisfy any legal requirement that such communications be in writing.
COPYRIGHT All content on this website, including text, graphics, logos, icons (including buttons), images, sounds, downloads, data compilations, software and other content, (collectively "Content") is our property or that of our licensors, including Dal Negro Spa , and is protected by United States and international copyright laws. You may not use any of our Content in any way without our express prior written approval.
TRADEMARKS Dal Negro Direct, dalnegrodirect.com, "A Tradition of Quality For Over 200 Years ", and related logos, graphics, page headers, icons (including buttons), scripts and service names are our service marks, trademarks and/or trade dress in the United States and other countries. Our service marks, trademarks and trade dress may not be used without our express prior written authorization and in any event may never be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other service marks, trademarks or trade dress not owned by Casa Antigua LLC that appear on this website are the property of their respective owners, including Dal Negro Spa, and you agree to obtain express written permission from their owners prior to using them in any way.
LIMITED LICENSE; PERMITTED USES; REFUSAL OF SERVICE We grant you a limited, non-transferable, revocable and non-exclusive license to access and use this website for the sole purpose of purchasing, or evaluating the purchase of, products sold by us and activities ancillary to such purpose (e.g., communicating with us with respect to a particular purchase). You are not permitted to use this website for any other purpose. We do not grant you a license, or other right, to: resell or otherwise dispose of this website or its contents; use this website or its contents for any commercial purpose; collect and/or compile any information on this website or our computer systems, including any Content; create any derivatives of this website or its Content; download, copy and disseminate any information on this website or our computer systems, including any Content; and/or use data mining, robots, or similar data gathering and extraction tools on this website or our computer systems. You may not frame or utilize framing techniques to enclose any trademark, service mark, trade dress, or other proprietary information (including images, text, page layout, or form) of Casa Antigua LLC or its licensors without our express prior written approval. You may not use any meta tags or any other "hidden text" utilizing our names, service marks or trademarks without our express prior written approval. Any unauthorized access or use of this website or our or our service providers' computer systems, or any breach of these Terms of Use, terminates the permission or license granted by us.
YOUR ACCOUNT AND PASSWORD You will be required to create an account and password with information about you in order to purchase products from us. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are also responsible for logging-out of this website when you have finished using it and for closing your browser window. You agree to accept responsibility for all activities that occur under your account and/or password, including any purchases of products by you or third parties.
RESELLERS
You may not resell any products that you purchase from us without our express prior written approval. If we grant you permission to resell any products that you purchase from us, you agree to: comply with all laws and regulations in connection with the use, sale or promotion of Dal Negro products and the operation of your business; waive any rights of exclusivity with respect to Dal Negro or other products that you may sell, so that we may also sell those products without restriction via Dal Negro Direct or other mediums of our choosing; not sell any Dal Negro products in any physical or virtual environment that contains material that is illegal, libelous, obscene or otherwise inappropriate, including by displaying pornography, promoting violence, diplaying any material related to illegal substance use, or advocating discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; not criticize, disparage, compare or otherwise cause harm to us or Dal Negro Spa ; in order to increase the attractiveness of Dal Negro products to more retail outlets, particularly given that the Dal Negro brand was recently introduced in the United States, and help our resellers recover investments in the promotion of Dal Negro products, not advertise, including by public display in the Internet, any Dal Negro products at a price below the retail price displayed on this website; not bid on any online advertising keywords that contain the words "dal negro direct " or "dal negro wholesale" or any variations of such words; and use reasonable efforts to prominently display Dal Negro products and in an attractive manner consistent with the high standards of quality associated with Dal Negro products. You further agree that you will not disclose any of the wholesale pricing for Dal Negro products made available to you via this website or by us without our express prior written approval.
PAYMENT We accept payment by certain credit cards only. We reserve the right to conduct additional credit card or address verification for any orders, including by obtaining your personally identifiable information, performing credit checks, using geolocation services, contacting credit card companies and banks, and notifying credit card holders of any transactions. We reserve the right to ship to the AVS or other verified address regardless of whether a different delivery address was specified in the order. We log IP addresses. Actual or attempted fraudulent payments will be prosecuted. Refunds will only be made in the same way the original payment was made. In the event that any amounts charged to you are charged back to us for any reason, you agree to pay us a service fee of $100.00 plus the amount charged to you. You also agree to reimburse us for all costs and expenses, including reasonable attorneys' fees and expenses, that we may incur to collect any amounts that you may owe us. We will retain exclusive ownership of all products shipped to you until all amounts that you owe to us are paid in full.
MINORS We do not sell products for children. If you are under 18 years of age, you may not use this website, including by registering an account and password, or purchase products from us.
SUBMISSIONS We welcome your comments regarding this website and the products offered by us. However, any comments, including any questions, ideas, product reviews, poll responses, poll comments, suggestions, original creative materials (e.g., stories, product ideas, computer code and original artwork) or other communications, whether or not confidential, (collectively, "Comments") sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, sublicense, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. You grant us and our sublicensees the right to use the name, IP address, and other information that you submit in connection with such Comments, if they choose. For this reason, we ask that you not send us any Comments that you do not wish to assign to us. You represent, warrant and promise to us that your Comments: (i) will not infringe upon any of our patents, trademarks, service marks, copyrights and other intellectual property or those of any third party; (ii) will not be illegal, libelous, obscene or otherwise inappropriate, including by displaying pornography, promoting violence, endorsing particular political parties or politicians, or advocating discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) will not criticize, disparage, compare or otherwise cause harm to us or the Site; (v) will not be of a commercial nature as determined by us; and (iv) will comply with applicable United States, foreign and international laws. We reserve the right to modify or delete any Comments in this website at any time and without requiring any reason therefor or notice thereof.
RISK OF LOSS; CHANGES TO OR CANCELLATION OF ORDERS; TAXES Risk of loss for items that you purchase from us passes to you upon our delivery to the carrier. Once you place an order with us (e.g., by clicking on the confirm button), you cannot change or cancel the order. Please note that you are responsible for calculating and paying sales and other taxes, if any, on your purchases from us. Our prices do not include such taxes, except that we will add and collect sales tax for all transactions made by or shipped to Virginia residents.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; REFUSAL OF SERVICE THIS WEBSITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEBSITE, THE OPERATION OF THIS WEBSITE, ITS CONTENT AND THE PRODUCTS SOLD BY US. WE DO NOT WARRANT THAT THIS WEBSITE OR THE CONTENT INCLUDED ON THIS WEBSITE, ITS SERVERS AND OTHER SUPPORT EQUIPMENT, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR ANY PRODUCTS SOLD BY US, INCLUDING, BUT NOT LIMITED TO SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE PRODUCTS SOLD BY US ARE INTENDED SOLELY FOR ENTERTAINMENT PURPOSES.
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. WE RESERVE THE RIGHT TO REFUSE SERVICE TO OR FULFILL ORDERS FOR ANY PERSON OR ENTITY AT ANY TIME AND WITHOUT REQUIRING ANY REASON THEREFOR OR NOTICE THEREOF.
APPLICABLE LAW The laws of the Commonwealth of Virginia, without regard to its principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.
DISPUTES Any dispute between you and us, including relating in any way to your use of this website or the products you purchase from us, shall be submitted to the state or federal courts in the Western District of Virginia, United States of America. We may seek injunctive or other appropriate relief against you in any state, federal or other court of competent jurisdiction in the event you violate our intellectual property rights or as otherwise required to protect our rights.
MODIFICATION; SEVERABILITY We reserve the right to make changes to or discontinue this website, its products and/or these Terms of Use at any time and without prior notice. If any part of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining parts.
CERTAIN TERMS When we use the term "include", we mean including without limitation. When we use the term "use" (i.e., use this website), we mean any visit to, browsing of, linking of, entering of data in or other activity that you perform on this website or any portion thereof. When we use the term "we," "our," "us" or similar terms, we mean Casa Antigua LLC or Casa Antigua LLC d/b/a Dal Negro Direct, as determined by Casa Antigua LLC.
THIRD PARTY BENEFICIARIES Subject to the next sentence, no third party, other than our members, or any employees, agents, successors or assigns authorized by us, is intended to be and no party will be deemed to be a third party beneficiary of these Terms of Use. You agree that Dal Negro Spa is a third party beneficiary of all of your obligations in these Terms of Use and that they may enforce your obligations in any jurisdiction.
