DELSEY LUGGAGE, INC.
Welcome to the Delsey Luggage, Inc. website, www.delsey.com (the "Website"). This Website is provided to assist customers in gathering information about Delsey Luggage, Inc. (“Delsey”, “we” or “us”) products and services, purchasing these products and services for themselves or as a gift to third parties, and otherwise interacting with the Website such as to provide comments, ask questions, or request assistance with respect to a Delsey product or service. The term “you” or “user” refers to the individual visiting the Website and/or making purchases or otherwise interacting with the Website.
1. Scope and Term
Conditions for Access
This Website is offered and available to users who are of legal age to perform contracts, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We make no claims that the Website or any of its content is accessible or appropriate outside the United States or any of its territories or possessions. Access to the Website may not be legal by certain persons or in certain countries outside the United States or any of its territories or possessions. If you access the Website from outside the United States or any of its territories or possessions, you do so on your own initiative and are responsible for compliance with local laws.
Changes to the Website
We reserve the right to withdraw or amend this Website, and any of its content, in our sole discretion and without prior notice. In this sense, we will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date and there may be errors or imprecisions. Of course we make an effort to maintain all content updated, but please take into account that we are under no obligation to update such content.
You are free to use the Website without providing us with information that may identify you specifically. You may also elect to register on our Website to take advantage of our offers or to purchase our products or services.
To use the Website or purchase any of our products or services, you will be asked to provide certain registration details or other information. We can provide you with proper service only if all the information you provide when registering on the Website or filling out our forms or questionnaires is correct, current and complete.
This Website and its content and functionalities are provided free of charge to you.
2. Privacy and Security
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of this Website using your user name, password or other security information. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or Internet connection so that others are not able to view or record your password or other personal information.
You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You are solely responsible for any purchase, post or any other activity made under your user name/password unless you have previously notify us of this loss or compromise.
3. Intellectual Property Rights
The Website and its entire content (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and its features and functionality, are owned by Delsey, its licensors or other providers of such material and are protected by US and foreign copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and international treaties.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish or transmit any of the material available on or from our Website. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
If you wish to use any content on the Website other than that set out in this section, please address your request as indicated in the How to Contact Us section [HYPERLINK].
If you infringe this section, your right to use the Website will cease immediately and you will be required, at our option, to return or destroy any copies of the content that you have made.
Delsey respects the copyright of others and it is its policy to terminate the user accounts of repeat infringers.
If you believe that any content on the Website, posted by us or by a third party violates your copyright, please address your written request with the following information:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the content you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The request must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The written request must be sent as indicated in the How to Contact Us section [HYPERLINK]
We will review and address all requests that comply with the requirements above. In this sense, please note that we will not process your request if it is not properly filled out or if it is incomplete.
Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys' fees).
For any additional questions regarding copyright infringement please contact us as indicated in the How to Contact Us section [HYPERLINK].
The Delsey name, the terms [LIST COMPANY TRADEMARKS], [Delsey logo] and all related names, logos, product and service names, designs and slogans used or displayed in the Website are registered or unregistered trademarks or services marks of Delsey or its affiliates or licensors. You may not use such marks without the prior written permission of Delsey. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and are subject to their respective trademark policies.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contents") on or through the Website.
Any User Contents you post to the Website will be considered non-confidential and non-proprietary. Therefore, if you upload or post any User Contents on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a worldwide, irrevocable, transferable, sublicenseable, perpetual, royalty free, license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contents for any purpose according to your account settings.
You understand and acknowledge that you are responsible for any User Contents you submit, and you, not Delsey, have full responsibility for such User Contents, including its legality, reliability, accuracy and appropriateness.
Ideas or Suggestion policy
Delsey does not accept any unsolicited idea, submission or suggestions regarding products, processes, accessories, methods or services from users or any third parties. We strongly urge you to not send any of these ideas or suggestions to Delsey.
Any idea or suggestion submitted TO DELSEY DIRECTLY OR THROUGH THE WEBSITE will be treated as “User Contents” and Delsey will not assume any obligation regarding the same.
4. Conditions to Use the Website
We intend for all of our users to enjoy their visit or other uses of the Website. For this, all users must abide by certain rules and standards that make interactions pleasant and positive for everyone.
These content standards (“Content Standards”) apply to any and all User Contents and use of the Website. User Contents must, in its entirety, comply with all applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contents must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- In any way that violates any applicable federal, state, local, foreign or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Delsey, any of its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or that, as determined by us, may harm Delsey or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual or automated process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or malicious or technologically harmful material.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
5. Communications and Links
You agree to allow us to communicate with you electronically. Therefore, you agree that we can send you e-mail news, notices and other information about your orders via e-mail such as order confirmation, order status, product out of stock notification, or shipping confirmation.
We may also send you commercial communications, such as e-mail newsletters, notice of new products or services, offers, etc. You may opt out of receiving this type of communications by selecting the link “opt out” or “unsubscribe” in the respective e-mail, or by setting the option in your registered user account, or by contacting us as indicated in the How to Contact Us section [HYPERLINK].
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
Social Media Features
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking, or using other methods to frame, link or establish a connection with any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. Online Purchases and Terms of Sale
7. Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
EXCEPT OTHERWISE PROVIDED IN OUR WARRANTY POLICY (HYPERLINK) THE WEBSITE, ITS CONTENT AND ANY PRODUCT, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEITHER DELSEY NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR BUSINESS PARTNERS (COLLECTIVELY “DELSEY ASSOCIATES”) MAKES ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE, ITS CONTENT OR ANY PRODUCT, SERVICE OR ITEM OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, AVAILABLE, SECURE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED.
BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DELSEY AND DELSEY ASSOCIATES’S WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Limitation on Liability
DELSEY, DELSEY ASSOCIATES, OR ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OR DOWNLOADING OF THE WEBSITE, ITS CONTENT, OR ANY PRODUCT, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
IN NO EVENT WILL DELSEY OR ANY DELSEY ASSOCIATES OR ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ANY PRODUCT, SEVICE OR OTHER ITEM OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DELSEY AND DELSEY ASSOCIATES’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND DELSEY AND DELSEY ASSOCIATES’S TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY LOSS OR DAMAGE RESULTING THEREFROM SHALL NOT EXCEED $50.00. (U.S. DOLLARS).
9. Monitoring and Enforcement; Termination
To keep a friendly environment and a lawful Website, we retain the right to:
- Remove or refuse to post any User Contents for any reason in our sole discretion.
- Disclose your identity or other information about you, in a lawful manner, to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any actions that we believe, in our reasonable discretion, to be illegal or constitute unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS DELSEY AND DELSEY ASSOCIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DELSEY OR DELSEY ASSOCIATES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DELSEY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before they are being posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. In this regard, you should be skeptical about any information posted by third parties and you acknowledge that the use of any User Contents posted in the Website is at your own risk. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. Governing Law and Jurisdiction/Dispute Resolution
Any dispute or claim relating in any way to your use of the Website, or to any products or services sold or distributed by Delsey through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim as indicated in the How to Contact Us section [HYPERLINK]. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Delsey will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You 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.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
12. Miscellaneous Terms
Limitation on Time to File Claims
Waiver and Severability
How to Contact Us
This Website is operated by Delsey Luggage, Inc., 6090 Dorsey Rd, Suite C, Hanover, Maryland, 21076.