Conditions of Sale

 

 

TABLE OF CONTENTS

 

GENERAL TERMS AND CONDITIONS OF SALE        2

PURCHASING ELIGIBILITY        3

PRODUCT AVAILABILITY        3

PRODUCT SIZING        3

ORDERS        4

ORDER CANCELLATION        5

FRAUD PREVENTION AND ORDER VERIFICATION        5

CYBERSECURITY        6

PRICES TAX AND SHIPPING        6

CURRENCY CONVERSIONS        7

PAYMENT METHODS AND PAYING BY CREDIT CARD        7

REVIEW AND CONFIRMATION        8

ACKNOWLEDGMENT OF ORDER        8

CONFIRMATION OF ORDER        8

PROOF OF AGREEMENT        8

SHIPPING POLICY        9

RETURNS POLICY        10

FOR DOMESTIC (USA) ORDERS        10

FOR INTERNATIONAL ORDERS        10

CONDITIONS TO RETURN OR EXCHANGE A PRODUCT        11

RETURNS PROCESS        11

REPAIRS        12

ERRORS, INACCURACIES, AND OMISSIONS        12

PRODUCT DESCRIPTIONS        12

LIMITED LIABILITY        13

GENERAL PROVISIONS        13

GOVERNING LAW; AGREEMENT TO ARBITRATION        13

CONTACT US        14

 

 

 

 

ORDER POLICY & CONDITIONS OF SALE AGREEMENT

 

  1. GENERAL TERMS AND CONDITIONS OF SALE

  1. The following terms and conditions and any other related rules that are adopted by Doublemoss LLC d.b.a Doublemoss Arte (known hereafter as “Doublemoss” or referred to herein as “us” “our” or “we”) and made available as provided herein (collectively, the "Conditions of Sale") shall apply to all sales of products that you (the "Customer" or "you") may order from Doublemoss LLC., a corporation organized and existing under the laws of California and having its corporate headquarters at 2219 Main Street Ste #1060, Santa Monica CA 90405. USA on the Internet via the Doublemoss Arte website, identified by the domain name arte.doublemoss.com, and any associated mobile or digital applications that refer to these Conditions of Sale (together, the "Platform").
  2. These Conditions of Sale apply only to sales made through the Platform. The Conditions of Sale applicable to any order placed through the Platform are those in force at the time you place your order (in the case of an order placed through the Platform). In the case of an order placed through the Platform, you indicate your acceptance of these Conditions of Sale once you place your order. If you refuse to accept these Conditions of Sale, you will not be able to order any Doublemoss products from the Platform and your order will be canceled.
  3. Please read the Conditions of Sale and check our Platform on a regular basis to be informed of any changes. Doublemoss may modify the Conditions of Sale from time to time, at its sole discretion, and your continued use and registration following such change will signify your agreement to be bound in the future by the modified Conditions of Sale. If you are placing an order through the Platform, you will indicate your agreement to be bound by the Conditions of Sale as so modified through such time. Persons wishing to use the Platform will also be deemed, by virtue of such use, to have agreed to be bound by our Platform Terms of Use and our Privacy Policy, which are incorporated into these Conditions of Sale by reference. We reserve the right to refuse service, cancel, void, or null your order for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. PURCHASING ELIGIBILITY

  1. Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states within the United States), and (b) have the legal capacity to enter into contracts, may order products through the Platform. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. Any orders placed in violation of this provision shall be null and void.
  2. By placing an order on the Platform, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Doublemoss products or purchase Doublemoss products for commercial purposes or any other commercial benefit.

 

  1. PRODUCT AVAILABILITY

  1. All orders placed on the Platform are subject to availability and acceptance by us.
  2. Doublemoss reserves the right to change the assortment of items offered on the Platform and may limit from time to time the quantity of Doublemoss products that may be ordered by a Customer in a single buying session, without prior notice. Doublemoss further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. Currently, orders may not exceed five (5) products in any buying session on the Platform.

 

  1. PRODUCT SIZING

  1. Some of the products we offer are rings which are meant to be worn on one's finger. A ring size is a measurement used to denote the circumference (or sometimes the diameter) of jewelry rings. All ring sizes listed on the Platform are listed using the United States ring sizing measurement system. The United States ring sizing measurement system is the accepted system used ONLY by the United States, Canada, and Mexico. Countries other than the ones listed here use different systems of measuring ring sizes. It is your responsibility to identify and convert your country's ring size system using an official and accurate conversion tool provided to you by a reputable and professional jeweler in your local country. You understand that the ring size conversion charts offered on our Platform are estimated only and that we make no claims or guarantees, whether express or implied to any ring size conversion information accuracy or completeness. Doublemoss makes every effort to provide you with information that can help you better understand how you can choose the correct size to fit your desired finger. However, you understand and agree that Doublemoss nor any of its representatives or employees make any guarantees, whether express or implied, with regards to the accuracy of information while advising you on the size, fit, comfort, or any other aspect with relation to which size of our products you should choose. Furthermore, you understand that it is unreasonable for us to advise you on determining your finger size via e-mail, including if you send us photographs of your finger(s), rings from other manufacturers, or any other images claiming your finger sizing information. Only you, the customer, can understand and decide on the size of your finger.
  2. You understand and agree that the information we provide to you, regarding ring sizes, within product descriptions, international size conversion charts, product reviews, e-mails, marketing materials, or other forms of official communication from Doublemoss makes no claims or guarantees on the accuracy or completeness of the information at any time.
  3. Furthermore, suppose you are uncertain about or do not know your finger size as measured by a professional jeweler. In that case, we advise you to have your finger measurements taken and recorded by a professional jeweler using experienced and reliable calibrated measurement tools PRIOR TO MAKING ANY PURCHASE ON THE PLATFORM. We also recommend that you review our exchange and returns policy prior to purchase.

 

  1. ORDERS

  1. If you are ordering on the Platform, orders will be processed as follows: Once you have chosen a product, click on the "Add to Shopping Bag" icon to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to "Checkout" by clicking on this button. You may also remove one or several products you have selected by clicking on "X" next to the chosen product in the Shopping Bag. Once on the payment page, review your order details and personal information (including e-mail, shipping address, billing address, and payment information), check the box next to "I have read, and I accept the Conditions of Sale." Then, click on "Pay Now" to place your order.
  2. Notwithstanding anything to the contrary provided for herein, Doublemoss reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Doublemoss may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Doublemoss suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale. Doublemoss is prohibited under U.S. law from making sales of its goods to individuals or companies designated on the Office of Foreign Assets Controls ("OFAC") Specially Designated Nationals ("SDN") List, or to country destinations sanctioned by the U.S. Any such transactions will be declined.

 

  1. ORDER CANCELLATION

  1. If you would like to cancel your order, you may do so by requesting such cancellation within twenty-four (24) hours of your order being placed on the Platform and for any reason. You must request a cancellation in writing by emailing us at arte@doublemoss.com. We do not accept order cancellation requests by any other communication method, including but not limited to social media, Platform chat windows, telephone, voicemail, or other means. You must include your full name, address, and order # in the body of the e-mail and make clear you are requesting a cancellation of your order. You MAY NOT cancel ORDERS AFTER THE TWENTY FOUR HOUR PERIOD HAS EXPIRED. Canceled orders will be fully refunded to the original payment method. Please allow 2-7 business days for the refund to be processed and appear on your credit card statement.

 

  1. FRAUD PREVENTION AND ORDER VERIFICATION

  1. Preventing e-commerce fraud and maintaining strict cybersecurity protocols are of great importance to Doublemoss. This is why we employ physical and digital methods to help prevent, identify, and restrict persons from placing fraudulent orders on the Platform. Using advanced fraud prevention software, each transaction placed on the Platform is analyzed for characteristics similar to previous fraudulent transactions.
  2. In the event our systems detect characteristics in your transaction similar to previously fraudulent transactions, the following will take place:
  3. Your order will be placed on a temporary hold while our fraud prevention team reviews your order after which, and if our fraud prevention staff deems it necessary, they will contact you via email to request order or identity verification. For any reason, we reserve the right to cancel or void your order without notification to you. Fraud prevention and security emails will only arrive at you via one of the following e-mail addresses: orders@doublemoss.com, support@doublemoss.com, info@doublemoss.com or arte@doublemoss.com. If you receive an email from an e-mail address other than the three addresses listed above with a claim to be from a representative of Doublemoss, do not respond. In that case, please contact us via email to verify.
  4. To verify your order, you will be asked specification questions about your order's transactional details such as but not limited to the shipping address, billing address, location or country in which you placed your order, full name, and the last four digits of your payment method. Please note we will never ask you to reveal your total credit card number in an e-mail. You will have 48 hours to respond to the request for verification. If your responses satisfy the verification, your order will begin processing. In certain circumstances, your answer may require additional verification. In this case, you will be required to provide a digital photograph or photocopy of the credit card used in the transaction and a state-issued I.D. card for identity verification purposes. You will only transmit your digital files, photograph, or photocopy using a secure third party file transfer service (like wetransfer.com) and NOT via e-mail. DO NOT SEND CREDIT CARD, PRIVATE, or FINANCIAL INFORMATION TO US VIA E-MAIL AT ANY TIME. You understand that we do not guarantee or warrant the security or privacy protection of any files, data, or information you may send to us. Files sent to us will be destroyed in no more than thirty (30) days from the time in which you send them to us. We do not save, keep, archive, or store your digital files. We never share your files, photographs, or photocopies with any third party whatsoever. In the event your order or identity can not be verified, your order will be canceled, and a refund for the full and total order value will be processed. Please allow 2-7 business days for the refunded amount to be displayed on your credit card statement.

 

  1. CYBERSECURITY

  1. Doublemoss takes precautions, including administrative, technical, and physical measures, to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. Doublemoss uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. Unfortunately, transmitting information over the Internet is not completely secure. Although we will implement appropriate measures to protect your personal information, we cannot guarantee the security of the data you transmit; any transmission is at your own risk, and we cannot be held liable. For more information about how we use and protect your information, please view our Privacy Policy.

 

  1. PRICES TAX AND SHIPPING

  1. All prices shown on arte.doublemoss.com are listed in United States Dollars (USD). All orders processed on the Platform are processed in United States Dollars (USD). We do not accept any other currency other than USD. If you are shopping from outside of the USA, transactions will be processed in U.S. currency. Depending on your credit card or bank's origin country, any currency exchange or conversion fees are processed NOT BY US but by your credit card issuer. You must take up any concerns you may have about currency exchange with your credit card company.
  2. Doublemoss reserves the right to modify prices and delivery costs at any time without prior notice.
  3. Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order and will also be reflected in the Confirmation of Order. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable after you have chosen your delivery location and options. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change increases the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.

 

  1. CURRENCY CONVERSIONS

  1. All orders placed on the Platform are made in United States Dollar (USD) currency. Doublemoss does not provide or offer currency conversions on its Platform whatsoever. If you are placing an order from outside of the United States and or using a payment method issued from outside the United States, you may be subject to the payment issuers' rules, fees, and currency conversion rates at the time you place the transaction on the Platform. Doublemoss does not have any control over the fluctuations in currency value, market conditions, credit card currency exchange rates, or similar and therefore can not guarantee or warrant the prices of our products in any other currency. You further understand and agree that Doublemoss is not responsible whatsoever for refunding any monetary differences in price due to currency exchange for any reason. For example, if you placed an order on Jan 1st, at the time of the transaction, your credit card issuer offered you a currency exchange rate based on the current market value of the currency plus any fees to convert the currency. If, on Jan 2nd, your order was for some reason canceled, refunded, or voided by us or by your request, the currency exchange rate may be different, causing your refunded amount to be less or more than the original purchase price. In that case, Doublemoss is not responsible for any differences in value from the result of a varying currency exchange rate.  

 

  1. PAYMENT METHODS AND PAYING BY CREDIT CARD

  1. Doublemoss accepts the following credit cards: Visa, MasterCard, American Express, Apple Pay, Google Pay, and Shop Pay.
  2. When ordering on the Platform, you will need to enter your payment details on the appropriate form. ­
  3. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If your payment card issuer refuses to authorize payment to Doublemoss, you will need to contact your card issuer directly to solve this problem, and Doublemoss will not be liable for any delay non-delivery.
  4. To process your order, we may perform security checks on your credit card. We will block the full amount of your purchase on your credit card until Doublemoss approves your order, and your credit card will be charged the applicable purchase price once your order has shipped. By submitting an offer to purchase Doublemoss products on the Platform, you expressly authorize Doublemoss to perform such security checks, where Doublemoss deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions.

 

  1. REVIEW AND CONFIRMATION

  1. You agree to carefully check and confirm all details on the payment page before placing your order through the Platform, including without limitation the particulars of each sale.

 

  1. ACKNOWLEDGMENT OF ORDER

  1. Once you have made your choice and your order has been placed on the Platform, you will receive an Acknowledgment of Order by e-mail, acknowledging your order's details. This Acknowledgment of Order will contain an Order Reference Number assigned by Doublemoss. Please make sure that you save this Order Reference Number for any future inquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgement of Order, Doublemoss will conduct its usual credit, anti-fraud, security, and related legal checks and, if acceptable, will then process your order.

 

  1. CONFIRMATION OF ORDER

  1. Upon shipment of your order, following completion by Doublemoss of its anti-fraud, security, and related legal checks, Doublemoss will send you by e-mail a written Confirmation of Order. The written Confirmation of Order constitutes the acceptance of your order by Doublemoss and indicates the existence of a binding sales contract.

 

  1. PROOF OF AGREEMENT

  1. The Acknowledgement of Order and Confirmation of Order that is sent to you by e-mail is deemed to be received when you are able to access them on your computer, mobile, or handheld device.
  2. The Confirmation of Order t will be proof of a binding agreement between you and Doublemoss.

 

  1. SHIPPING POLICY

  1. We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii, the District of Columbia, and these limited international destinations: Austria, Belgium, Canada, China, Denmark, France, Germany, Greece, HongKong, Iceland, Ireland, Italy, Japan, Mexico, Monaco, Norway, Poland, NewZealand, Portugal, Romania, Singapore, Spain, Sweden, Switzerland, Thailand, Turkey, Ukraine, and Uruguay. Doublemoss may change which international destinations it ships to without prior notice to you and at any time.
  2. Please note that Doublemoss does not ship to P.O. boxes, APO/FPO addresses, or hotels.
  3. Doublemoss makes its best efforts to inform you of the estimated delivery lead times each shipping carrier provides to us. However, we make no guarantee or warranty, whether implied or explicit, to the shipping or transit estimated lead times or delivery dates of any order.
  4. We use the USPS for all Free Shipping within the United States of America. Estimated delivery lead time depends on your location and is approximately 2-10 business days. For orders with a total value under USD 250.00, your order will be shipped via USPS First Class Package service. Orders with a total value of USD 251.00 or greater will be shipped via USPS Priority service. The estimated delivery lead time for USPS Priority service depends on your destination and is approximately 2-5 business days.
  5. For Express shipping, we offer FedEx. During checkout, you will be presented with express shipping options, which will incur additional costs paid for by you during the checkout. Choosing express shipping does not modify order processing times. FedEx Standard Overnight estimated transit time is one business day. FedEx Express Saver estimated transit time is three business days. Saturday delivery is not available on any of our services. If you require Saturday delivery, please contact us prior immediately after you place your order to inquire if Saturday delivery is available for your order.
  6. You will be required to pay for the estimated sales & use tax and any import duties or VAT that your country may impose on imported goods. In order to provide you with an excellent customer experience, we require that you pay for any and all sales and use taxes, import duties, or other taxes during the checkout process on arte.doublemoss.com. Included in your total shipping costs will be any applicable duties and taxes along with the DHL shipping costs. DHL imposes a fee to collect and remit duties and taxes on your behalf. This DHL fee is included in your shipping costs. We reserve the right to cancel or void any order at any time that may have inaccurate or incomplete duties and taxes.
  7. We use DHL Express Worldwide for all international shipments. DHL Express estimated lead time is 2-5 business days depending on your destination. Your destination country may withhold your item in customs for any reason.
  8. Doublemoss is not responsible for delayed shipments for any reason once the item has left our facility. Certain countries may require you to provide a Tax ID or citizen I.D. number included in your shipping information. Failure to provide complete and accurate information may result in your shipment being delayed or withheld by customs in your country. Doublemoss is not responsible for any delays resulting from inaccurate or incomplete information that you provide to us. Doublemoss is not responsible for any delays or seizures of goods that may occur while importing our products into your country.
  9. Doublemoss is not responsible for delayed delivery or any other issues once your item leaves our facilities. We do not accept shipping accounts provided by a customer.
  10. *Saturday and U.S. federal holidays will not be considered as a regular business day concerning estimated delivery lead time.
  11. When estimating package delivery time, please allow time for credit approval, address verification, and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of the Order by e-mail.
  12. When ordering on the Platform you will receive an e-mail notification with the tracking information related to the delivery of goods.
  13. Doublemoss insures orders with a total value of $250 or greater during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Doublemoss product delivered, at which point responsibility for your purchased goods passes to you. Suppose you have specified a recipient who is not you for delivery purposes (for example, as a gift). In that case, you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Doublemoss and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.

 

  1. RETURNS POLICY

  1. FOR DOMESTIC (USA) ORDERS

  1. We hope that you are happy with your Doublemoss Arte purchase. However, if you are not completely satisfied with your purchase for any reason you may return it to us for a full refund, store credit, or exchange within fourteen (14) days of receipt of your item(s). Returns are accepted as per the terms and conditions below.
  1. FOR INTERNATIONAL ORDERS

  1. ALL SALES ARE FINAL. WE DO NOT ACCEPT RETURNS OF ANY KIND. WE DO NOT ACCEPT EXCHANGES FOR ANY REASON.
  1. RETURNS PERIOD
  1. You may return Doublemoss products purchased through arte.doublemoss.com within fourteen (14) days of the receipt of the item(s). Merchandise must be presented in its original packaging and accompanied by the appropriate sales receipt. Engraved, embossed, special order, personalized, made to order creations, and items that show signs of wear cannot be returned. All returns are subject to the further terms and conditions set forth below.
  1. CONDITIONS TO RETURN OR EXCHANGE A PRODUCT

  1. Doublemoss products must be returned in a new, original, and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Doublemoss box and delivery package, including all accessories and documents. Doublemoss will not accept any return if the product shows signs of wear or has been used or altered from its original condition in any way.
  2. Any item such as a ring which may include an adjustable metal band must be in the original received condition, unaltered, and unadjusted.
  3. Engraved or embossed products, as well as a special order, or personalized items cannot be returned to Doublemoss for exchange, merchandise credit, or refund.
  4. All returns will be subject to strict Quality Control (Q.C.) by Doublemoss to ensure that the returned products satisfy these requirements. If the products do not meet Q.C. standards, Doublemoss will refuse the return, and the products will be sent back to the Customer or the Gift Recipient, as applicable. If the returned product satisfies Quality Control (Q.C.), Doublemoss will proceed with the applicable return or exchange.
  1. RETURNS PROCESS

  1. Products purchased on the Platform may be returned to the Doublemoss distribution center at the following address: Doublemoss Arte, Attention: Returns, 13535 Ventura Blvd. STE C PMB 306, Sherman Oaks, CA 91423. All items returned to us for exchange MUST have a Return Authorization Number (RAN).
  2. If a Customer or Gift Recipient wishes to return a product to the Doublemoss distribution center, then such person must comply with the following steps:
  3. Visit https://arte.doublemoss.com/a/returns to process a return or exchange online. You will be required to enter your original Doublemoss order number and e-mail address, sent to you by e-mail. Once processed, you will receive a RETURN AUTHORIZATION NUMBER (RAN) via e-mail. This number is required prior to returning any product originally purchased from arte.doublemoss.com
  4. Include a printed copy of the e-mail containing the RAN along with the product, all of its accessories, protective packaging, security tags (if applicable), and all other documents in its original box and delivery package.
  5. Depending on the reason for your return, we may provide you with a prepaid return label. If this is the case, affix the label to the package and drop it off at the shipping carrier's official shipping center.
  6. If you are not given a prepaid return label, you must pay for shipping to return your item to us. Visit your nearest officially authorized shipping center and purchase a shipping label. You understand and agree that Doublemoss is not responsible for any loss, damage, or theft that may occur to your items while in transit to us. We strongly recommend that you pay for insurance on your shipment for the full and total replacement value, including any tax and shipping costs. It is your responsibility to track and communicate with the shipping carrier to ensure the delivery of your shipment to us.
  7. The Customer or Gift Recipient must keep proof of return shipment and the tracking number and proof of purchase of shipping. Doublemoss accepts no liability in the event that you cannot produce such evidence. Only merchandise received by the Doublemoss distribution center will be eligible for a refund or exchange.
  8. Upon receiving a return, Doublemoss will verify that the returned product satisfies the conditions of the return and exchange policy and, if so, then proceed with the applicable exchange.

 

  1. REPAIRS

  1. We do not offer repair or refurbishment services. 

 

  1. ERRORS, INACCURACIES, AND OMISSIONS

  1. Occasionally there may be information on our site or in the product descriptions, or elsewhere on our website that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform, including without limitation, pricing information, except as required by law.

 

  1. PRODUCT DESCRIPTIONS

  1. We try to ensure that the information, including product descriptions, dimensions, and colors, provided on the Platform, social media, advertisements, or catalogs,is accurate and complete. However, we make no guarantees, whether express or implied, concerning the accuracy, reliability, and completeness of such information.

 

  1. LIMITED LIABILITY

  1. To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions, and warranties concerning the products and any orders placed through the Platform, whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
  2. Nothing in these Conditions of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our aggregate liability to you under these Conditions of Sale for any order whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages shall in no event exceed the one hundred percent (100%) of the price of the product(s) in your order.

 

  1. GENERAL PROVISIONS

  1. If any provision or part of a provision of these Conditions of Sale is deemed to be illegal, invalid, or unenforceable, the remainder of the provisions of these Conditions of Sale shall be unaffected and shall continue to be fully valid, binding, and enforceable.
  2. These Conditions of Sale (and associated terms incorporated by reference) constitute the entire agreement between you and us in relation to the order of products or services and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
  3. We are not responsible for any failure or delay in performing or complying with our obligations under these Conditions of Sale, which arises from any cause beyond our reasonable control.
  4. The waiver by us of a breach of any provision of these Conditions of Sale will not operate to be interpreted as a waiver of any other or subsequent breach.
  5. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

 

  1. GOVERNING LAW; AGREEMENT TO ARBITRATION

  1. These Conditions of Sale shall be governed by and construed in accordance with the Federal Arbitration Act and, where applicable, the laws of the State of California, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or related to the Conditions of Sale, including the validity, invalidity, breach or termination of the Conditions of Sale, or to any product purchased from Doublemoss through the Platform, will be resolved by binding arbitration, rather than in court, except that a consumer or Doublemoss may assert claims in small claims court if such claims qualify. You understand and agree that you are waiving your right to sue or go to court to defend your rights, including to a trial by jury, under these Conditions of Sale. In addition, you and Doublemoss understand and agree that the parties will pursue any dispute on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court. However, any relief must be individualized to you and shall not affect any other consumer. You and Doublemoss agree that each may not bring a claim against the other as part of any class action, class arbitration, or other representative proceedings. The arbitration will be conducted in the state and county where you reside (as determined by your address on file with Doublemoss) or at consumer's election, New York, New York, 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.

Before bringing any dispute in arbitration, you and Doublemoss agree that you will first notify the other party and make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any potential or alleged breach thereof. This requirement is a pre-condition, and no claim shall be filed in arbitration (or small claims court) until this provision is first met.

 

CONTACT US

If you have questions about any of these terms or conditions of sale, contact us at arte@doublemoss.com