DALUSO, LLC. – Terms & Conditions
Effective Date: March 31, 2020
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
Daluso, LLC currently own or operate the following brand(s): COLFARMER, among others. The brand(s)s may be updated from time to time by Daluso, LLC without notice.
Daluso, LLC provides certain products and services through: (a) its website including, but not limited to, Colfarmer.com and other websites that it may introduce or acquire in the future; (b) various social media accounts, including, without limitation, Facebook, Twitter, Instagram, Pinterest and YouTube; and (c) through Daluso, LLC’s various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by Daluso, LLC from time to time (collectively, the “Daluso Services”). The use of Daluso Services and their information, content and services available through Daluso Services is subject to these terms and conditions, the privacy policy and any policy applicable to the site included as a reference in these terms.
Check these terms periodically, since Daluso Services may, at any time and without prior notice, review these terms by updating this publication. Please note that, as of the effective date, these terms are updated, however, Daluso Services reserves the right to change these terms from time to time, so it is essential that you read these terms carefully.
You should periodically visit this page, to review the current Terms. By using or accessing Daluso Services, you are bound by these terms and their subsequent revisions.
The access or use of the services of Daluso LLC after any change to the Terms constitutes your acceptance of such changes.
You must not use or access Daluso Services, if you choose not to accept their terms.
You should keep in mind that you do not have any rights over Daluso Services, and you accept it, so Daluso, LLC will have no responsibility with you if Daluso Services, or any part thereof, are suspended, or if your ability to use or access Daluso Services is canceled.
1. Authorized users.
You must be 18 or older and a valid credit card or other acceptable payment method to make purchases through Daluso Services. In accordance with these terms, you may not use Daluso Services if you cannot establish a binding legal agreement with Daluso LLC.
You may not use Daluso Services for commercial purposes without a written agreement with Daluso LLC, or to purchase any product for resale by you or on behalf of another person. Additionally, you cannot directly or directly resell any product purchased using Daluso Services. You agree that you are only authorized to visit or use Daluso Services for your personal use.
2. Accounts and passwords.
To use or access Daluso’s Services features, you can establish an account that, during the registration process, will ask you to select a unique password. Regarding the account and password, you are responsible for any activity carried out through your Daluso, LLC account and you are also solely responsible for protecting their confidentiality and security.
When you create an account with Daluso’s Services, you guarantee and declare the following:
• That you are not using or selecting the username of another person with the intention of supplanting it.
• That, if you do not have the authorization of another person to use your name, you will not select or use a username in which another person has rights.
• That you will not use or select a username that you consider offensive at the discretion of Daluso LLC.
• At the time of logging into the Daluso Services, you guarantee and declare that:
• You are the customer who registered with Daluso ’Services.
• You are using Daluso Services only for the permitted purposes.
• It is important that you notify Daluso LLC immediately. Any unauthorized use of the account or password, or any other security breach.
This notification will be made by sending a notice to Daluso LLC. Customer service at info@dalusollc.com
Daluso LLC reserves the right to cancel or suspend your account or your ability to access Daluso Services, for any reason, including, but not limited to, any breach of these Terms by you. Please note that this right may be exercised by Daluso LLC without prior notice, at its sole discretion and immediately.
3. Purchase procedure.
You accept the various policies of Daluso LLC. and the procedures that apply to the purchase of products or services offered through Daluso LLC, that are part of these Terms by accessing or using Daluso Services.
The prices are subject to correction and change at any time and without prior notice, they are also based on the availability of the product. Additionally, the prices will be those in effect at the time of purchase and in U.S. dollars, and excludes freight, handling fees and taxes, unless otherwise specified. The payment of taxes applicable to the purchase made through Daluso Services are under your responsibility.
Daluso LLC. It reserves the right to accept, reject or cancel any order and correct any errors, including publication, descriptive, typographical errors or any other similar error.
By using Daluso Services, you authorize, in accordance with these Terms, Daluso LLC to withhold, receive and disburse funds in accordance with the payment instructions provided by you. This authorization given by you allows Daluso LLC the following:
• Debit or credit your credit card, debit card or other payment methods we accept. (“Cards”).
• Start recurring charges on your cards if you subscribed to a service that requires automatic billing.
When placing an order, you order and authorize Daluso LLC. to confirm the order and all its authorizations will remain in effect as long as you have your account with Daluso Services LLC.
4. Limited warranty.
Satisfaction guarantee: seven (7) days.
Contact us within that period of time if you are not satisfied with the product.
5. Legal notices.
Daluso LLC publishes legal notices on the pages of Daluso Services. Daluso Services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of Daluso LLC or third parties. You are not granted or conferred any property rights or any other registered trademark, copyrighted material, technologies, products, processes, software or other proprietary rights.
6. Sweepstakes, contests and social media campaigns.
Daluso LLC, can conduct campaigns, contests and sweepstakes through Daluso LLC social media channels. Daluso LLC can request responses and presentations using various popular social media mechanisms used to indicate that it is responding to Daluso LLC as part of those campaigns, contests and sweepstakes. For example, you can respond on Facebook, Twitter or Instagram with #yesColfarmer or direct your response to @Colfarmer. When directing those responses and presentations to Daluso LLC, such responses and submissions are considered user content. In addition, you agree to grant Daluso LLC a license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based, publicly display, publicly perform and exploit from another manner (including. Without limitation, through the internet, broadcast television, radio or any other use or means of communication) said user content, in whole or in part, including future rights to which Daluso LLC (or its successors) may have the right to not yet exist, as well as new uses, means and forms of exploitation throughout the universe that exploit current or future technology yet to be developed to the maximum extent permitted by the applications.
This license granted to Daluso LLC by you is worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublimely and transferable.
7.Content of Daluso LLC.
The original works of art, graphics, photographs, images, screenshots, text, music, digitally downloadable files, video clip, trademarks, logos, product and character names, slogans and compilation of the above (“Content Daluso LLC”) are provided by Daluso LLC., its employees or its licensors are owned by Daluso LLC. Or its licensees and is protected in the US and internationally under the laws of registered trademarks, copyrights and other intellectual property laws.
• Daluso LLC gives you authorization to access and use the services and content of Daluso LLC provided that:
• Your use of Daluso Services as permitted herein is for your personal, non-commercial use only.
• You will not copy, distribute or transfer any part of Daluso Services content on any medium without prior written or electronic approval of Daluso LLC.
• You will not alter, adapt, reverse engineer or modify any part of Daluso Services or Daluso LLC
content that is not reasonably necessary to use that part of Daluso Services or Daluso LLC
content for prior use or purpose.
• Otherwise, you will comply with these Terms.
• Any access attempt to access other areas of any Daluso LLC computer system or other
information contained in the system for any purpose other than that provided by Daluso LLC is
strictly prohibited.
8. Use of Daluso LLC user content.
You confirm that you own the rights, titles and interests of your User Content and that it does
not infringe any intellectual property rights or violate the privacy or publicity rights of third
parties. Additionally, you accept and acknowledge that your User Content may be included in the websites and advertising networks of Daluso LLC distribution partners and third-party service providers and that Daluso LLC has no obligation to compensate you monetarily or otherwise way, by using Daluso LLC of your user content now or in the future.
Subject to our privacy policy, Daluso LLC reserves the right to display advertisements in relation to any content provided by you to Daluso LLC (“User Content”) and to use your User Content for advertising and promotional purposes.
9. Third party content.
Daluso assumes no responsibility and has no control for:
• Any third-party content included in Daluso services.
• Applicable third parties.
10. No offensive or offensive use.
By using the services of Daluso LLC you agree not to upload, publish, email or otherwise transmit any material that contains viruses or any other computer code, files or program that may limit, interfere or interrupt the functionality of any computer software or hardware or telecommunications equipment.
Additionally, when you use Daluso Services, you will not use any Daluso Services feature for any purpose that is illegal, obscene, tortuous, invasive of another person’s privacy, defamatory, threatening, abusive, racist, pornographic, harassing, hateful, offensive or detrimental to the legal rights of third parties, such as the rights of privacy and publicity.
It is the policy of Daluso LLC, in appropriate circumstances and at the discretion of Daluso LLC, to terminate or disable Daluso Services users who infringe at one time, or repeatedly the copyright or intellectual property rights of Daluso LLC or other owners of rights.
Daluso LLC respects the intellectual property of others and expects its users to do the same.
11. Digital Millennium Copyright Act – DMCA Notice.
Under the copyright of Digital Millennium Copyright Act (“DMCA”) you can send a claim of infringement claimed to Daluso LLC, in case you, being a copyright owner or a pampering agent and believe that some content of Daluso LLC user or other content infringes your copyright.
This notice must be sent to Daluso LLC customer service at info@dalusollc.com and at 8230 Old Courthouse Rd. Suite 310, Vienna, VA 22182, and must include the following information:
• Identification of the work or works that are claimed are being infringed.
• Identification of the material that is claimed as an offender, and sufficient information to allow Daluso LLC to identify the material.
• Your address, phone number, email address and any other information sufficient for Daluso LLC to contact you.
• A statement stating that in good faith you believe that the use of the material in the manner in which it is claimed is not authorized by the copyright owner, its agent or the law.
• State accurately and, under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You should be aware that you acknowledge that if you do not meet all of the requirements above in this Section, your DMCA notification may not be valid and that Daluso LLC may not remove the infringing content.
12. Mobile capabilities.
By using the Mobile Services, you agree that Daluso LLC may communicate with you regarding Daluso Services by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your use of the Mobile Services will be will communicate to Daluso LLC.
If you have registered with Mobile Services, you agree to notify Daluso LLC of any changes in your mobile phone number and update your accounts through Daluso Services to reflect this change. Daluso LLC may collect information related to your use of mobile services and you agree that Daluso LLC may send communications to your mobile device, in relation to the Mobile Services for which you are registered.
Daluso LLC does not charge for mobile services unless otherwise indicated; however, the normal messaging, data and other rates of your operator may apply. Your operator may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your provider or mobile device. You should check with your provider to find out what plans are available and how much they cost.
• Daluso Services may include certain services available through your mobile phone, including, but not limited to, the following:
• The ability to load the Daluso LLC website(s) or applications through your mobile phone.
• The ability to receive and reply to messages and send content and messages through text messages or automatic notifications.
• The ability to access Daluso Services from your mobile phone.
13. Security.
Violations of system or network security may result in civil or criminal liability. Daluso LLC reserves the right to investigate events that may involve such violations and may actively involve and cooperate with law enforcement authorities to prosecute users who have participated in such violations.
You must not violate or attempt to violate the security of Daluso Services.
14. Communications.
Communications with Daluso LLC include, without limitation, comments, questions, suggestions and the like.
Regarding communications with Daluso LLC it is important that you consider the following:
• Daluso LLC will be free to use any idea, concept, know-how, content or technique contained in its communications for any purpose, including, without limitation, the development, production and marketing of products and services that incorporate such information without any Consideration or accounting.
• You will not be entitled to confidentiality in your communications and Daluso LLC will not have the obligation to protect your communications from disclosure.
• Daluso LLC will be free to reproduce, use, disclose and distribute your communications to others without limitation.
15. Privacy policy.
The privacy policy of Daluso LLC is part of these terms and is subject to and incorporated into them. Your privacy is important to Daluso LLC you will find available our review policy in our website to review.
16. Mandatory arbitration / class waiver.
Daluso LLC and you agree that all disputes, disputes and claims related to these Terms will be finally and exclusively resolved by mandatory arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration from the other party. Disputes and claims related to these Terms include the Privacy Policy, Daluso Services and any order for any Daluso LLC product or service. Any election to arbitrate by one of the parties will be final and binding on the other.
17. You agree that any legal claim, dispute or other controversy between you and Daluso LLC arising out of or otherwise relating in any way to the Daluso Services, including controversies relating to the vality, applicability or enforceability on any provision of these terms or Daluso privacy policy and practices (collectively “disputes”), shall be resolved in confidential arbitration conducted before one commercial arbitrator from Vienna Virginia or the American Arbitration Association, rather than in a court, as described herein. The arbitration will be governed by the selected Vienna’s arbitrator rules or the American Arbitration Asociation and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively “rules and procedures”). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.
18. The arbitration may be conducted, unless the parties agree otherwise in writing, in Vienna, Virginia or at the request of the plaintiff in another closest city where the American Arbitration Associations has offices. The award of the arbitrator for all parties will be final and binding, will be subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.
19. Payment of the arbitration costs shall be governed by the Vienna arbitrator or the American Arbitration Association unless it can demonstrate that its part will be prohibitive compared to litigation costs, in which case Daluso LLC will pay both of its arbitration costs as arbitrator, he considers it necessary to prevent the arbitration from having a prohibitive cost compared to the costs of litigation. Daluso LLC also reserves the right, in its sole discretion, to assume responsibility for all arbitration costs. Each party agrees to pay the fees and expenses of its own lawyers, unless there is a current legal provision that requires the prevailing party to receive the attorneys’ fees and expenses.
20. You and Daluso LLC agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures. No arbitration shall be joined with any other arbitration. You and Daluso LLC further agree that there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, provided however that nothing herein shall be deemed to prevent a party from seeking public injunctive relief in arbitration under this agreement where applicable law provides for such a right.
21. All disputes will be resolved by mandatory confidential arbitration individually, to the maximum extent permitted by applicable law. Both parties agree that a party may seek precautionary remedies (or an equivalent type of urgent legal relief) in a state or federal court that is compatible with the “applicable law” section below, and both parties’ consent to the jurisdiction and exclusive place of these courts. Notwithstanding the contrary, to the extent that the dispute arises from:
• A violation of your intellectual property rights by Daluso LLC in any way.
• Any claim related to, or derived from, allegations of theft, piracy, unauthorized use or violation of the law of abuse and computer fraud.
• Any claim for equitable relief.
• Either party may enforce an individual action in a small claims court for claims that are within the scope of that court’s jurisdiction rather than arbitration.
22. Compensation.
By using the services of Daluso LLC, you agree to indemnify and disclaim Daluso LLC, its subsidiaries, affiliates, officers, agents and other partners and employees from any loss, liability, claim or claim, including reasonable attorney fees, made by any third party due or derived from:
• Your misuse of such Daluso Services.
• Any user content provided or used by you.
• Your violation of these terms.
23. Disclaimer of warranty.
Your use of the Daluso Services is at your sole risk. Daluso LLC makes no warranty that the Daluso Services will meet your requirements. Except as otherwise set forth in these terms, all Daluso Services including, without limitation, any materials, products or services provided in connection therewith, are provided on an “as is” and “as available” basis, without warranties of any kind, express, statutory or implied including without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. Daluso LLC also disclaim any liability for claims arising out of misuse, improper product selection, improper installation, product modification, mis repair or misapplication. Daluso LLC do not warrant that the Daluso Services will be available or operate in an uninterrupted, error-free or completely secure manner or that errors or defects will be corrected.
Laws in certain states do not allow the exclusion or limitation of implied warranties. to the extent such laws apply, some or all of the disclaimers, exclusions, or limitations set forth herein may not apply and other rights may be available.
24. Limitation of liability.
Daluso LLC shall not be liable to you or any other person for any special, exemplary, indirect, incidental, punitive or consequential damages, costs or attorney’s fees arising out of or relating to these terms or the access to, use of or operation of the Daluso Services including, without limitation, any materials, products or services provided in connection therewith. Daluso LLC’ aggregate liability to you arising under or in connection with the Daluso Services is limited to the purchase price paid for the materials, product and/or service that gives rise to such liability.
Laws in certain states do not allow the exclusion or limitation of liability for incidental or consequential damages. To the extent such laws apply, some or all of the exclusions or limitations set forth herein may not apply and other rights may be available.
25. Limitation of time to file your claim.
Daluso LLC and you agree to a period of one (1) year after the cause of the action that arises or is related to the services of Daluso LLC or any content of Daluso LLC, including any claim or dispute without any limitation.
After the year mentioned above, said cause of action is permanently prohibited.
26. Jury trial.
In any dispute related to Daluso LLC, each of you and Daluso LLC waive any right of trial by jury in any dispute. This to the extent allowed by law.
27. Force majeure.
Acts that constitute force majeure:
• Acts of God.
• Work interruptions.
• Acts of war.
• Acts of terrorism (real or threats).
• Government decrees or controls.
• Communication or electricity failures.
• Fires.
• Inability to acquire or ship products and obtain permits and licenses.
• Inability to acquire supplies or raw materials.
• Severe weather conditions.
• Catastrophic events.
• Farmers’ delays at the farm level.
• Delays due to the product maintained by the USD / Customs for inspection.
• Any other circumstance or cause beyond the reasonable control of Daluso LLC in the condition of your business.
Daluso LLC will not be responsible for any delay or deterioration in performance that results wholly or partially from a force majeure event, from those mentioned above and without limitation.
28. Applicable law.
These Terms will be governed by and construed in accordance with the laws of the State of Virginia without regard to such State’s conflicts-of-laws principles.
29. Miscellaneous.
These terms constitute a binding agreement between you and Daluso LLC and are accepted by you as a condition for the use of the Daluso Services or your account. These terms constitute a complete agreement between you and Daluso LLC regarding the use of the Daluso Services and the Daluso LLC Content.
Both you and Daluso LLC accept and acknowledge that, through the purchase that is being made, or the use of the Daluso Services, a partnership is not formed, and neither you nor Daluso LLC have the authority or power to bind the other. If a competent court declares any provision of these terms’ illegal, void or unenforceable, that provision is deemed severable from these terms and does not affect the validity and enforceability of the remaining provisions.
It is not considered a waiver of the right to act with respect to future or similar breaches, the fact that Daluso LLC does not act with respect to its breach or the breach of any other person on any occasion.
30. After delivery the sale is finished.
31. Warranty and return policy.
Our highly trained staff will prepare each order according to your specifications taking into account that our goal is to offer you the best products. Each product must meet our quality standards that are highly strict and controlled. Daluso LLC supports the quality of each product we sell.
32. The order confirmation page is where the final charges of your order will be disclosed in full and you must make the payment of all taxes and shipping before sending the payment.
33. Shipping costs.
Once we have all the delivery information, we will calculate the actual expenses and show them on the final page of the payment process, so you can review them completely before submitting your order.
These shipping costs are calculated according to the place of delivery. Charges are based on the number of addresses to which the items are sent.
