Last Updated: Oct 13, 2023
Before using our services, please carefully read these terms and conditions.
Interpretation and Definitions
Interpretation
Words with the initial letter capitalized have specific meanings as defined under the following conditions. These definitions apply whether the words are used in singular or plural form.
Definitions
For the purpose of these Terms and Conditions:
Affiliate: means an entity connected with us, whether through control, ownership of 50% or more shares, or common control.
Account: refers to the unique profile you create to access our Service.
Country: refers to New York, United States.
Company: (referred to as “the Company,” “We,” “Us,” or “Our”) pertains to DiimaSports, a brand under FBAdelaer Inc., based in New York.
Content: encompasses text, images, or other information that can be posted, uploaded, linked, or made available by you in various formats.
Device: includes any tool capable of accessing our Service, such as a computer, mobile phone, or tablet.
Feedback: relates to your input, ideas, or suggestions regarding the features and performance of our Service.
Goods: are the items offered for sale through our Service.
Orders: denote your requests to purchase Goods from us.
Promotions: refer to contests, sweepstakes, or other special offers provided through our Service.
Service: pertains to the DiimaSports website and associated platforms.
Terms and Conditions: (also referred to as “Terms”) represent this agreement, encompassing the entire understanding between you and the Company regarding Service use.
Third-party Social Media Service: includes services or content offered by third parties that might be accessible or integrated into our Service.
Website: refers to the official DiimaSports website, accessible at www.diimasports.com.
You: signifies the individual or entity accessing or using our Service.
Acknowledgment
- These Terms and conditions regulate the use of our Service and outline the rights and responsibilities of all users.
- Your access to and use of our Service are contingent upon your acceptance of and adherence to these Terms and Conditions. They apply to all visitors, users, and others who access or utilize our Service.
- By accessing or using our Service, you affirm your consent to abide by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, please refrain from accessing or using our Service.
- You must be at least 18 years old to use our Service. The Company does not permit individuals under 18 to use the Service.
- Additionally, your use of our Service is subject to compliance with our Privacy Policy. We recommend reading our Privacy Policy carefully before using our Service.
Placing Orders for Goods
When placing orders for Goods through our Service, you assert that you possess the legal capacity to enter binding contracts.
Your Information
To place an Order for Goods available on our Service, you may be required to provide certain information pertinent to your Order. This information includes, but is not limited to, your name, email, phone number, credit card details, billing address, and shipping information.
You warrant that you have the legal right to use any provided payment method for your Order and that the information you supply is accurate, complete, and true.
By submitting such information, you grant us the right to share it with third-party payment processors to facilitate Order processing.
Order Cancellation
We reserve the right to refuse or cancel your Order at any time, including for reasons such as Goods unavailability, pricing errors, or Order inaccuracies. We may also refuse or cancel your Order if fraud or unauthorized or illegal transactions are suspected.
Your cancellation rights are subject to our Returns Policy, which forms part of these Terms and Conditions. To learn more about your right to cancel an Order, please review our Returns Policy.
Availability, Errors, and Inaccuracies
We continuously update our Goods offerings, but there may be instances where Goods on our Service are mispriced, inaccurately described, or temporarily unavailable. While we strive for accuracy, we cannot guarantee the completeness or accuracy of information, including prices, product images, specifications, availability, and services. We retain the right to alter or correct information, rectify errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company may adjust prices before accepting an Order, primarily due to factors beyond our control, such as government actions, customs duties, shipping charges, foreign exchange fluctuations, and more. In such cases, you reserve the right to cancel your Order.
Payments
All Goods are subject to one-time payments, with payment options including Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (e.g., PayPal).
Payment cards (credit cards or debit cards) may undergo validation checks and authorization by your card issuer. We shall not be liable for any delays or non-delivery of your Order if the required authorization is not received.
Promotions
Promotions accessible through our Service may be governed by separate rules. If you participate in any Promotions, please review the applicable rules and our Privacy Policy. In case of conflicting rules between a Promotion and these Terms, the Promotion rules will prevail.
Content
Your Right to Post Content
Our Service allows you to post Content, for which you are solely responsible. Ensure the legality, reliability, and appropriateness of the Content you post, and understand that you grant us the right and license to use, modify, publicly perform, display, reproduce, and distribute such Content through our Service. You retain ownership of your Content and are responsible for protecting your rights.
Content Restrictions
The Company is not responsible for user-generated content and does not endorse it. While we have the discretion to remove or refuse objectionable Content, we cannot control all content posted by users or third parties. Use our Service at your own risk, as you may be exposed to offensive, indecent, or incorrect content, and we shall not be liable for any resulting harm or damages.
Content Backups
Although we perform regular backups of Content, we do not guarantee against data loss or corruption. We will attempt to troubleshoot any known or discovered issues affecting Content backups but disclaim any liability for Content integrity or successful restoration.
Copyright Policy
Intellectual Property Infringement
We respect intellectual property rights and respond to copyright infringement claims. If you believe Content on our Service infringes on your copyright, submit a written notice to our copyright agent via email at [copyright agent’s email] with a detailed description of the alleged infringement.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a DMCA notification by providing our Copyright Agent with the following information in writing (refer to 17 U.S.C. 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
- A description of the copyrighted work that you claim has been infringed, including the URL or copy of the work.
- Identification of the specific location on our Service where the allegedly infringing material is situated.
- Your contact information: address, telephone number, and email.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receipt of such a notice, we will take appropriate action, including removing the challenged content if necessary.
Your Feedback to Us
By providing feedback to the Company, you assign all rights, title, and interest in that Feedback. In case this assignment is ineffective, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restrictions.
Links to Other Websites
Our Service may contain links to third-party websites or services not owned or controlled by the Company. We assume no responsibility for the content, privacy policies, or practices of these third-party websites or services. You acknowledge that the Company is not liable for any damage or loss resulting from the use of or reliance on such third-party content, goods, or services.
Termination
We reserve the right to terminate or suspend your Account without prior notice or liability, including if you breach these Terms and Conditions. Upon termination, your right to use our Service ceases. If you wish to terminate your Account, simply stop using the Service.
Limitation of Liability
Notwithstanding any damages you may incur, the Company’s total liability and any of its suppliers under any provision of these Terms, or your exclusive remedy for any of the foregoing, shall be limited to the amount actually paid by you through the Service or $100 if you have not made any purchases through the Service.
To the fullest extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, even if the Company or any supplier has been advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply in those cases.
“AS IS” and “AS AVAILABLE” Disclaimer
Our Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limiting the foregoing, the Company provides no warranty or representation regarding the Service’s operation or availability, accuracy of information, or absence of viruses or other harmful components.
Governing Law
These Terms and Conditions are governed by the laws of New York, United States, excluding its conflicts of law rules. The use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
In the event of any dispute or concern about our Service, please attempt to resolve it informally by contacting the Company.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country subject to U.S. government embargo or designated as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to achieve the objectives of that provision as much as possible under applicable law, while the remaining provisions will remain in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
SMS/MMS Mobile Message Marketing Program (Including Cart Reminders) Terms and Conditions
- When you opt-in to our SMS service, we will send you an SMS message to confirm your subscription.
- Our messaging service is used for marketing communications, including company updates, events, sales, shopping cart reminders, and more.
- You can cancel the SMS service at any time by texting “STOP” to the provided short code. Upon receiving your “STOP” message, we will send a confirmation SMS confirming your unsubscribed status. If you wish to join again, please text “START” to the provided short code.
- If you experience any issues or have questions, please contact our customer support.
Entire Agreement
These Terms constitute the entire agreement between you and the Company regarding your use of our Service and supersede all prior and contemporaneous written or oral agreements between you and the Company.
Contact Us
If you have any questions or concerns about these Terms and Conditions, please contact us via email at info@diimasports.com.
By accessing or using our Service, you affirm your acknowledgment and agreement to abide by these Terms and Conditions.