GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE DAUM INC. WEBSITE (USA – June 2009)
Please read the present General Terms and Conditions of Sale and General Terms and Conditions of Use of the Daum Inc. website (www.us.daum.fr) carefully.
General Terms and Conditions of Sale of Daum Inc website
The purchase of any products offered on Daum Inc. website is subject to the present Terms and Conditions of Sale (“Terms and Conditions of Sale”).
Orders may only be placed on the Daum Inc. website by individual consumers and corporations purchasing goods other than for resale or profit. Any resale or distribution of DAUM products purchased on Daum Inc. website is strictly prohibited.
Daum Inc. may update these Terms and Conditions of Sale at anytime without any prior notice.
For each order on Daum Inc. website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.
Purchase - Terms of ordering
The Daum Inc. website may be used to order a selection of DAUM products from DAUM Inc., by phone, from the United States only, including Hawaii but excluding the U.S. Virgin Islands, Puerto Rico, Guam and all other U.S. possessions and territories located outside the North American continent.
Daum Inc., reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if DAUM Inc. has reasonable cause to suspect that such customer has violated these Terms and Conditions of Sale, or is engaged in any fraudulent activity or for any other legitimate cause.
Purchase – Availability
Our offers of products and prices are valid as they are on view on the Daum Inc. website, subject to availability. For this purpose, instructions about the availability of the products will be given at the time of the ordering. Exceptionally, errors or amendments could exist, especially in case of simultaneous orders of the same product by several customers. In case of unavailability of a product after ordering, you will be informed of such unavailability by email or by phone as soon as reasonably possible, and you will be offered to either to order another item shown on the Daum Inc. website in substitution of your original order or to cancel your order.
If you choose to cancel your order, you will be refunded within two (2) weeks if your bank account has been debited.
Daum Inc. is not liable in case of stock outage or unavailability of products.
Daum Inc. reserves the right to change at any time and without any prior notice the items proposed on the DAUM Inc. website.
Purchase - Order Confirmation
At the end of the ordering procedure, you will receive a confirmation order by email. At the time of this confirmation, your order is immediately transmitted to our logistic department for treatment. It cannot be amended or cancelled except in the express conditions provided for in the Terms and Conditions of Sale or by applicable law. The confirmation of your order means your full acceptance of the Terms and Conditions herein.
You will receive an order summary.
The data registered by the DAUM Inc. website establishes proof for all transactions operated between Daum Inc. and its customers. In case of a dispute between Daum Inc. and one of its customers about a transaction made on the Daum Inc. website, the data registered by Daum Inc. is considered as an irrefutable proof as to the content of the transaction.
Purchase - Price Payment
The prices of Daum products are indicated in US dollars (US $), excluding all applicable taxes and shipping costs. Daum Inc. reserves the right to modify the prices of products offered on the Daum Inc. website at any time without any prior notice to you. You will be charged the prices displayed on the Daum Inc. website at the time your order is confirmed provided, however, that the goods ordered were available at this time.
You are required to pay for any order placed on the Daum Inc. website immediately, upon confirmation of your order. We only accept payment by charge card or credit card.
All orders are payable in US $. We accept the following credit cards: MasterCard®, Visa®, American Express®. Your order will only be dispatched once we have verified your payment method and received authorization to process your payment.
Your credit card will only be charged when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods available.
Shipping and Delivery - Delivery Zone
Goods purchased via the Daum Inc. website may only be delivered within the north America, including Hawaii but excluding the U.S. Virgin Islands, Puerto Rico, Guam and all other U.S. possessions and territories located outside North American continent (the “Continental US”).
Any delivery address located outside the Continental US will be refused during the ordering procedure. Daum Inc. will not process any order for which a post office box or APO/FPO address is provided.
Goods will be shipped to the delivery address specified during the ordering procedure.
Shipping and Delivery - Shipping costs
You will be asked to select the shipment method you would prefer as part of the ordering procedure.
Delivery costs vary depending on the value of your order and the delivery service you select:
Up to $400.00 Ground : $15.00 2-Day: $25.00 Overnight : $30.00
From $400.01 to $1000.00 Ground : $25.00 2-Day: $35.00 Overnight : $30.00
$1,000.01 or more Ground : $35.00 2-Day: $45.00 Overnight : $50.00
For delivery to Alaska or Hawaii, you will be invoiced a supplement of $10.
Ground: allow between three and seven (7)business days between the date of your order and your date of delivery.
2-Day: your order must reach us before 2 p.m. (Eastern Standard Time). It will be delivered within two (2) business days.
Overnight: your order must reach us before 2 p.m. (Eastern Standard Time). It will be delivered the following business day.
The overnight option is not available for addresses in Hawaii and Alaska.
If you are unsure of your zip code, please contact our customer service on 800-793-7106 (toll free number available only from within the United States), we will be happy to assist you.
We will inform you of the shipping costs for the shipment method you would have selected in the order summary displayed on the Daum Inc. website before you confirm your order. This amount will be payable by you in addition to the price, including all applicable taxes, of the goods ordered.
Delivery Time - Time required for delivery
During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased.
However, Daum Inc. reserves the right to divide your order into part shipments. In this case, your charge card or credit card will only be charged for the goods shipped and for a single shipment.
Delivery Time - Delivery Problems
Any failure to deliver or any delivery exceeding eight (8) business days should be reported to our customer service as soon as possible. In order for your claim to be accepted, please notify us of it within a maximum of thirty (30) calendar days from the date of confirmation of your order.
You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund pursuant to the stipulations and conditions contained in the next section entitled “Returns - Exchanges - Refunds”
Returns - Exchanges - Refunds
You are entitled to return any product ordered via the Daum Inc. website within the thirty (30) calendar days following the date of delivery, subject to the following terms and conditions:
Returns must be sent in their original condition and packaging. Our customer service will send you a return form. (Use the return label included with your order for this purpose). You must enclose the original receipt with your returns.
If you exchange goods, the shipping costs for the first delivery will not be refunded.
If you ask for a refund, Daum Inc. will use commercially reasonable efforts to ensure that any refund will be made within seven (7) business days of receipt of the goods returned by crediting your charge or credit card.
In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they did not conform the order(e.g., product reference error, damaged goods, etc.).
Daum Inc. has sole discretion in determining whether the products are in original condition when returned to Daum Inc.
Daum Inc. will not be responsible or liable if any item you wish to return to the Daum Inc. website is lost, misdirected or delivered late.
Disclaimer of Warranty and Limitation of Liability
ALL PRODUCTS SOLD ON THE DAUM INC. WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAUM INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE PRODUCTS PURCHASED ON THE DAUM INC. WEBSITE. DAUM INC. MAKES NO WARRANTY REGARDING ANY PRODUCTS, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY PROCUCT PURCHASED OR OBTAINED THROUGH THE DAUM INC.WEBSITE OR ADVERTISED THROUGH THE DAUM INC.WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DAUM INC. OR THROUGH THE DAUM INC.WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL DAUM INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF DAUM INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE PRODUCTS PURCHASED ON THE DAUM INC. WEBSITE, FROM ANY CHANGES TO THE DAUM INC. WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT DAUM INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, DAUM INC. WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED THROUGH THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF DAUM INC. TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE DAUM INC. WEBSITE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO DAUM INC. FOR THE PRODUCTS PURCHASED ON THE DAUM INC. WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY.
General Terms and Conditions of Use of Daum Inc. website
Security and Personal Data
The Daum Inc. website is not intended for minor children.
All material on the Daum Inc. website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are the exclusive property of Daum Inc. or any of its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Daum Inc. website.
You may not remove any copyright, trademark or other proprietary notice contained on the Daum Inc. website or any content contained therein. You may make a single copy of web pages published on the Daum Inc. website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
The Daum Inc. website may contain links to third party websites. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Daum Inc. website if expressly authorized in writing by Daum Inc.
Disclaimer of Warranty
Daum Inc. does not guarantee or represent that:
the Daum Inc. website is free from viruses, worms, Trojan horses or other destructive material;
The information contained on the Daum Inc. website is accurate, complete or up to date.
MISCELLANEOUS PROVISIONS APPLICABLE TO THE GENERAL TERMS AND CONDITIONS OF SALE AND GENERAL TERMS AND CONDITIONS OF USE (“TERMS”).
Claims. Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of New York, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Southern District of New York located in New York, New York.
Enforceability. If any provision contained herein is held by final judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of these Terms and the remainder of these Terms shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms, such modification being made to the minimum extent necessary to render the provision valid, legal and enforceable. Notwithstanding the foregoing, however, if the severed or modified provision concerns all or a portion of the essential consideration to be delivered under these Terms by one party to the other, the remaining provisions of these Terms shall also be modified to the extent necessary to equitably adjust the parties’ respective rights and obligations hereunder.
Force Majeure. Daum Inc. shall not be liable to its customers or any other person for any failure or delay in the performance of any obligation under these Terms due to events beyond its reasonable control, including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, and, except as otherwise set forth in these Terms, acts or regulations or priorities of the federal, state or local governments.
Entire Agreement. These Terms constitute the entire agreement between you and Daum Inc. governing the use of the Daum Inc. website. In the case of inconsistencies between these Terms and any information included or provided in off-line materials (for example, promotional materials and mailers), these Terms will always control. No waiver, alteration or modification of these provisions or any terms will be valid unless made in writing and signed by an officer or other authorized representative of Daum Inc. In the event of any discrepancy between any order accepted by Daum Inc. and these Terms, these Terms shall govern.
No Waiver. The failure of Daum Inc. to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Relationship of the Parties. The parties hereto are independent contractors and nothing in these Terms will be construed as creating a joint venture, employment or agency relationship between the parties.
Headings. Paragraph headings are inserted for convenience of reference only and do not form part of these Terms.