DRAFT DATE: 2013 08 22
DELSEY Terms of Sale
Effective as of _______________, 2013
[NOTE TO DELSEY: We need to make sure that the purchaser of products or services also clicks on a “I agree” button when registering as a user and when purchasing products or services so that the terms below are enforceable]
[NOTE: We used the terms “product” and “services”. We need to make sure that this language is consistent with the language used throughout the Website by the web designers. Please confirm.]
About these Terms of Sale
These Terms of Sale apply to your purchases of products and services from the Website in the U.S. [QUESTION: Do you plan to also sell services? I.e. luggage tracking?],.
By placing an order, you agree to be bound by these Terms of Sale and the remainder of the Delsey Terms.
Table of Contents
Displayed Information [HYPERLINK]
Placing an Order [HYPERLINK]
Returns & Refunds [HYPERLINK]
How to Contact Us [HYPERLINK]
We reserve the right to change the Terms of Sale and Delsey Terms at any time. Any changes to the Terms of Sale or Delsey Terms will be effective for all new orders placed after the change is posted on the Website.
The products, services, descriptions, prices, and other information displayed on this Website can be modified at any time without prior notice.
Delsey uses reasonable efforts to ensure that product and/or service descriptions are accurate and complete, however dimensions, colors, weights, measures and other descriptions are approximate and provided only for reference purposes. In this regard, colors that we used can appear differently in your computer, since colors depends on your computer’s system or screen properties. For these reasons, Delsey does not warrant that any product or service description, price or other specifications on the Website will be accurate, complete, current or without error at all times.
In addition, it is possible that a product might have been discontinued, or that it is out-of-stock. Thus, we cannot warrant that all displayed products will be avialalbe at all times.
If there is any error in the products, services, descriptions, prices, availability, and other information provided to you on the Website, we will try to resolve this error as soon is reasonably possible, and if we think that such error has affected an order that you placed we will try to let you know promptly.
If a product or service you purchased does not meet your expectations or if you believe that the product does not conform to its appearance or description on the Website, your sole remedy is to return the product to us in accordance with our Returns & Refunds Policy [HYPERLINK].
Prices displayed on the Website do not include taxes or shipping costs. The prices are payable only in U.S. dollars.
[QUESTION: How do you address error in pricing? I.e. an item is advertised at a price different than the actual price, e.g. the sale price is posted at $12.99 when it should be $1,299.00. See sample language below]
If there is an error in the price of the product or service that you have ordered, we will inform you as soon as reasonably possible. You will then be given the option of confirming your order at the correct price or cancelling your order.
If we are unable to contact you using the contact details you provided once you placed your order, we will treat the order as cancelled and notify you by e-mail.
If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the products or services, we will give you a full refund as soon as reasonably possible (and in any event within thirty 30 days of cancellation).
Placing an Order
[NOTE: Please read carefully below. Is this what you want to do? Do you want friendlier terms?]
Once you have placed an order, but before the purchase amount is charged to your payment card, the system will automatically calculate the tax and shipping costs, which will be added to the total amount to be paid by you. [QUESTION: Is this accurate or do you provide an estimate of total cost before order is placed? Please keep in mind that shipping cost and taxes will vary from state to state. ]
After you have placed and paid for your order, an e-mail will be sent to you at the address of records in your account. This e-mail will contain detailed information about your order, including _______________ [to be completed; please provide information]. Notwithstanding that, the receipt of this order confirmation email will not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. [Or would it constitute acceptances? Do you need to verify the price one more time? Would you sell the product even if there has been an error in the price?]
We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to you, in that we will notify you of product shortage or unavailability.
We also may require verification of information before the acceptance and/or shipment of any order.
The acceptance of your order by Delsey will take place only when we ship the products to you.
[QUESTION: Do you plan to sell made to order products? If yes, the following sentence might apply]
Please be aware that different cancellation rights apply to products that are made to order.
If you order products made to your specifications (such as products that bear a logo or a monogram) Delsey will be deemed to have accepted your order when it sends the shipment e-mail.
Delsey cannot deliver any product or service until it has received payment in full for the product or service, and the related taxes, shipping and other administrative costs, if applicable.
We accept payment only through the methods offered by the Website at the time when you place an order.
Taking payment does not mean that we have accepted your order. If we do not accept your order, we will arrange for a full refund, which will be given as soon as reasonably possible (and in any event within 30 days from the date we notify you that your order has not been accepted).
Taxes are based on state and local tax laws and tax rates are determined by the shipping address of your order. These taxes will be calculated at the time you place an order.
In case of a refund because of a product return (not a gift return), you will receive a refund of the taxes you paid for the product. Taxes paid for shipping costs, if any, are not refundable. For more information, please see our Returns & Refunds Policy [HYPERLINK].
Once an order is placed, the product(s) will be shipped in one or several packages to the address indicated in your purchase order confirmation. This shipping address must be within the 48 contiguous states [NOTE: Please confirm].
The costs of shipping and delivery date will depend on the shipping options that you chose and the shipping address, and will be indicated at the time you place your order.
Shipping times are estimated, not guaranteed, and are the minimum shipping time for in-stock products.
Incorrect Delivery Address
Because we are shipping to the address indicated in your purchase order, it is essential that you provide a complete and correct address. Delsey may charge you any extra shipping cost to offset the expenses incurred by multiple deliveries and re-routing due to a defective address.
[QUESTION: What shipping terms do you typically use? See below. Is this what you do or is there insurances included in the shipping costs so that the customer does not bear the risk of loss? See below. Who will bear the risk of loss? Do you require someone to sign a receipt to confirm that the package has been delivered?]
All product purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from this Website pass to you upon delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Purchase orders are generally fulfilled within ________________ [to be completed] days after an order is placed. If you would like to cancel an order after it is already placed, you must do so within _______________ [to be completed] hours / days after placing the order, otherwise we will process your order and deliver the products or services to you.
If you are a registered user, and you have placed an order from this Website, to cancel an order, please go to your account settings and chose “Cancel an Order.” If you are a non-registered user, please contact us as indicated in How to Contact Us section [HYPERLINK].
If you cancel your order in due time, we will make arrangements for a [full refund] which will be given as soon as reasonably possible (and in any event within 30 days from the date of cancellation).
[QUESTION: Do you charge customers for cancelled orders?]
[QUESTION: What would be the terms for a return of a made to order product? E.g., a product with a monogram or a product with a company logo]
[QUESTION: Do you have a way to prevent an order from being placed if there is no available product in stock? Please see language below. Is this how you operate?]
Delsey cannot guarantee availability of any product.
If a product is not available in stock, Delsey will notify you promptly of this circumstance and the eventual delay in the delivery of your order or part of your order, as applicable.
If we elect to cancel your order, our only liability to you for cancelling the order will be to refund to you any money paid to us with respect to the product that we are no longer able to supply.
To see details about the products and services warranties please read our Warranty Policy [HYPERLINK].
Returns and refunds
The products can be returned and you will receive a refund in accordance with our Return & Refunds Policy [HYPERLINK].
[QUESTION: Please indicate whether you are offering services and what would happen in the event of a cancellation of the subscription for the service?]
How to contact us
Please any feedback, comments, questions, requests and other communications regarding sales, should be directed to: