Terms and conditions for the online sale of Goods and Services
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DR. VRANJES FIRENZE S.P.A, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://drvranjes.us/us/. These Terms are subject to change by Dr. Vranjes Firenze (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute Your acceptance of and agreement to such changes. By registering for a Site user account and/or placing an order through this Site, you warrant that You are at least eighteen (18) years old and that You are capable of entering into legally binding contracts.
- USE OF CONTENT ON THE SITE
- FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT US OR ANY OTHER MEMBER(S) OF DR. VRANJES FIRENZE.
- ONLINE REGISTRATION
Online Registration is not necessary to purchase any Products on the Site. If You choose to purchase our Products following Online Registration, it shall be Your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of Your e-mail address, password and any other account identifiers related to any personal account You may have created on the Site (the "Account"), and for restricting access to Your computer(s) and devices. You also agree to accept sole responsibility for any and all activity that occurs under Your Account.
If You have any reason to believe or become aware of any loss, theft or unauthorized use of Your e-mail address, password and any other account identifiers related to any personal account You created on the Site, you must notify us immediately. We may assume that any communications we receive under Your e-mail address, password and any other account identifiers related to any personal account You created on the Site have been made by You unless we receive timely notice otherwise. The registration will be effective only when You receive a confirmation e-mail and open the link included therein. Upon successfully completing registration, you will gain access to a “Personal Area”, where You can see Your purchases, check Your wish list and modify Your credentials.
4.1 Purchase of products without registration
You may proceed with the purchase of the Products present on the E-commerce Site without registering.
Once You entered on the Site, You do not need to register or authenticate yourself, but You can proceed with the purchase.
It is understood that, if You do not register, You will not be able to take advantage of the exclusive free Services and at the next purchase You will have to enter the data again when submitting the order form (“Order Form”).
- YOUR CONTENT
You agree that You will only upload, transmit, or otherwise make available ("Share") on or through the Site, Content that You have the right and authority to Share and for which You have the right and authority to grant to us all of the licenses and rights set forth herein. By Sharing Content, You grant us an unrestricted, worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use and reproduce the Content to fulfill Your order and for our promotional purposes in any form, medium, or technology now known or later developed. You warrant that:
- 12.1 You have the right and authority to grant this license; and
- 12.2 our exercise of the license and/or rights granted pursuant to this license will not infringe or otherwise violate any third-party rights.
You agree that You will neither use the Site in a manner, nor Share any Content, that:
- (a) is false or misleading;
- (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack;
- (c) invades another’s privacy or includes, copies or transmits another’s confidential, sensitive or personal information;
- (d) promotes bigotry, racism, hatred or harm against any group or individual;
- (e) is obscene or not in good taste;
- (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights;
- (g) You do not have the right and authority to Share and grant the necessary rights and licenses for;
- (h) violates or promotes the violation of any applicable laws or regulations;
- (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or
- (j) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer, systems, network or data.
We may report You to the relevant authorities and may act under the fullest extent of applicable laws if You transmit or upload content intended or designed to cause harm.
Whether upon successful Online Registration or not, You may purchase Products on the Site. To place an order, You shall read and agree to the Terms and Conditions for the Online Sale of Goods and Services.
To complete a purchase of Products on the Site, you are required to submit the electronic order form available on https://drvranjes.us/us/ and send it to Dr. Vranjes Firenze, by electronic means, following the instructions provided in the Ecommerce.
Before sending the order form, you should carefully review and correct any inaccurate data. For Customer protection, Dr. Vranjes Firenze will also e-mail a receipt of the purchase order with a summary of the information provided in the order form, as well as a copy of the Terms and Conditions. Unless You notify Dr. Vranjes Firenze to the contrary, you warrant that You are in receipt of the order confirmation and obtained a copy of the Terms and Conditions of Sale of Goods and Services.
The Customer must also verify the final price, before sending the related order form, it being understood that the price charged to the Product will be the one displayed on the website at the time of the order by the Customer.
The agreement for the purchase of the selected Product(s), with full application and effectiveness of Terms and Conditions, shall be deemed concluded when Dr. Vranjes Firenze receives the payment by the Customer, upon electronically transmission of the order form duly filled in.
By sending the order form and paying the due sum the Customer confirms to have understood and approved the Terms and Conditions, as well as any further information provided in the Ecommerce.
Upon conclusion of purchase under the Terms and Conditions, Dr. Vranjes Firenze will take charge of the purchase order.
Occasionally some inconveniences related to some Product availability may occur. In those circumstances, Dr. Vranjes Firenze will promptly inform the Customer by e-mail and will offer him the possibility to choose between the purchase of an article of the same nature of the one no more available or the order cancellation. If You choose to cancel the order, You will be promptly reimbursed, as provided below.
- ORDER ACCEPTANCE
You agree that Your order is an offer to buy, under these Terms, all products and services listed in Your order. All orders must be accepted by us or we will not be obligated to sell the products or services to You. We may choose not to accept any orders in our sole discretion. After having received Your order, we will send You a confirmation email with Your order number and details of the items You have ordered. Acceptance of Your order and the formation of the contract of sale between Dr. Vranjes Firenze and You will not take place unless and until You have received Your order confirmation email.
- MERCHANDISE DISPLAY AND AVAILABILITY
Availability of merchandise may vary on the Site. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Site is not a guarantee that the item is currently available or in stock or that it will be available on our Site when You visit again. If You are unable to locate a particular item that caught Your attention on a previous visit to our Site or if You have any questions concerning the availability of a particular item, please contact our Customer Services group via our “Contact Us” page. We will use commercially reasonable efforts to fulfill Your requests whenever possible.
Dr. Vranjes Firenze will make every reasonable effort to display its merchandise on the Site as accurately as possible. Unfortunately, various factors, including the display and color capabilities of Your computer monitor, may significantly affect what You actually see on Your screen. We are not responsible for the display of any color, texture or detail of its merchandise on Your computer screen and cannot guarantee the accuracy thereof.
- ORDERS, PAYMENT TERMS, AND PRICE
The Content on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in Your area. We reserve the right at any time after receipt of Your order to accept or decline Your order, or any portion thereof, in our sole discretion, even after Your receipt of an order confirmation or after Your credit card or financial account has been charged or debited.
The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. All prices posted on this Site are subject to change without notice.
Credit card (VISA, Mastercard, Amex)
In the event of payment by credit card, once the credit card details have been verified and authorization to debit has been received from the company issuing the credit card used by You, the price indicated on the Order Form shall be charged to You.
The credit card data, such as card number, expiration date and CVV code, You enter in order to pay for the order, are protected and are sent directly to the banking company that handles payments. Payment is made directly on a secure server, with an SSL encryption key to guarantee the absolute security of the transaction.
PayPal (with a PayPal account)
In the case of payment by PayPal, when You send the order, the web session will be transferred to PayPal's secure website. On this site, You can pay the price using Your PayPal account in accordance with the conditions of use of the PayPal service subscribed to by You at that time or previously, thus not disclosing their financial information to Dr. Vranjes. The price is debited from Your PayPal account at the same time as the order confirmation is sent.
If payment is made by bank transfer in advance, the order will only be processed after confirmation that the full amount has been credited.
Payments are handled independently by third party services. This Site does not collect payment information – such as credit card numbers – but You will be notified once Your payment is successful. The information You provide will not be shared with Us, but will be handled directly by the application itself. We will not be liable in any way for delays and/or damages caused during the reimbursement process.
Payments are handled independently by third party services. This Site does not collect payment information – such as credit card numbers – but You will be notified once Your payment is successful. The information You provide will not be shared with Us, but will be handled directly by the application itself. We will not be liable in any way for delays and/or damages caused during the reimbursement process.
The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your merchandise total and will be itemized in Your shopping cart and in Your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors, regardless of whether the order has been confirmed or Your credit card charged or bank account debited.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card or PayPal information You supply to us is true, correct, and complete, (ii) You are duly authorized to use such credit card or PayPal account for the purchase, (iii) charges incurred by You will be honored by Your credit card company and/or PayPal, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any. If Your account has been debited and/or Your credit card has already been charged for the purchase and Your order is canceled, we will issue a credit to Your applicable account. In the event we make a change to or cancel an order, we may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made or that we may have on file.
In the case that the ordered Products are no longer available, reimbursements are processed within approximately 15 (fifteen) working days from the date of the order. In the case that You terminate the agreement, reimbursements are processed within approximately 15 (fifteen) working days from your termination of the agreement. In the case that You withdraw, reimbursements are processed within approximately 15 (fifteen) working days from your withdraw. Your reimbursement will be credited back to the same payment method used to make the original purchase on the Site.
In the case of returns made within 30 (thirty) days from the date of the order, reimbursements are processed within 15 (fifteen) business days of i) our receipt of the Products or ii) You demonstrating that You have returned the Products. Dr. Vranjes Firenze will be responsible for all shipping and handling charges on returned items. If you do not return products undamaged and in its original packaging, we will deny reimbursement. If the impossibility of delivery is due to a fault attributable to You, such as when the Product is return to us by the courier due to "address unknown", (parcel) "not collected" or (parcel) "refused", we will proceed with the reimbursement of the order. However, if, in the latter three cases when the impossibility of delivery is due to a fault attributable to You, we reserve the right to charge the return shipping costs to You. WE OFFER NO REIMBURSEMENTS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- TERMS OF DELIVERY
All items purchased from the Site are made pursuant to a shipment contract. We will arrange for shipment of the products to You. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
This means that the risk of loss and title for such items pass to You upon our delivery to the carrier. Our delivery and performance dates are estimates only. Dr. Vranjes Firenze will use commercially reasonable efforts to deliver in accordance with the delivery or performance dates, but may change those dates as it deems necessary. Dr. Vranjes Firenze will not be liable for failure to deliver or perform by the estimated dates. Failure to deliver or perform by the estimated dates does not give You the right to cancel an order or any part thereof nor to claim any damages. Dr. Vranjes Firenze reserves the right to make partial deliveries.
- RIGHT OF WITHDRAWAL
You have the right to withdraw from the agreement concluded with us without giving any reason and without any penalty within 14 (fourteen) days, starting from the day on which You or a third party, other than the courier, acquire physical possession of the Product. The date indicated on the courier's delivery document shall be considered the authentic date.
In order to exercise Your right of withdrawal, You must send a written communication to us by email containing Your intention to exercise said right, as well as:
- the indication of the order number which gave rise to the Contract from which they intend to withdraw;
- the Product code;
- the number of pieces of the Product ordered;
- the photograph of the Product;
- the date of the order;
- the date of delivery;
- the name of the purchaser;
- the purchaser's address.
For the purposes of compliance with the withdrawal period, it is sufficient for You to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
If You exercise the right of withdrawal, You must return the Products to us without undue delay and, in any case, within 30 (thirty) working days from the date of the notice of withdrawal. The term is thus respected if You return the Products before the expiry of the period of 30 (thirty) days from the sending of the withdrawal notice.
The Products shall be returned to the following address:
DRV US Corp. c/o ADS
275 Oak Tree Road
It is understood that unsealed Products will be considered unsuitable for return, for hygienic and sanitary reasons, including, but not limited to, Products without a lid and/or cap. It is understood that damaged Products and Products without its original packaging will be considered unsuitable for return.
If You withdraw, all payments made to us, including shipping costs incurred, will be refunded without undue delay and, in any case, no later than 14 (fourteen) days from the day on which we were informed of the decision to withdraw from the Contract.
Refunds will be made using the same means of payment used for the initial transaction, unless You have expressly notified us otherwise.
Refunds may be withheld by us until receipt of the Products or until You demonstrate that You have returned the Products.
The costs associated with the return of Products are borne entirely by us.
We will provide You with a return label when the notice of withdrawal is received.
The Product must be returned intact and in its original packaging. If You exercise the right of withdrawal in a manner that does not comply with the procedures and terms of this article, You will not be entitled to a refund.
If the Products are returned to us by the courier with the cause "address unknown", You will be contacted by us and can choose whether to have the order resent, if the Product is still available, or to be refunded the amount already paid.
If the order consists of several Products, we reserve the right to proceed directly to refund the amount paid by the Customer if more than one Product from the same Order Form has been returned to us with the cause "unknown address" specified.
If the cause of the Product return to us by the courier is "address unknown", (parcel) "not collected" or (parcel) "refused", we do not guarantee You the possibility to reserve the same Products if they are out of stock, and can therefore proceed with the refund of the order.
If, in the latter three cases, the impossibility of delivery is due to a fault attributable to You, We reserve the right to charge the return shipping costs to You.
- PRODUCT WARRANTY, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- 12.1 LIMITED PRODUCT WARRANTY
Dr. Vranjes Firenze located at 9 E LOOCKERMAN ST STE 311 Suite 311 Delaware Dover 19901-8305 United States extend this limited warranty to the consumer who originally purchased the Product on the Site. This warranty does not extend to any subsequent owner or transferee of the Product.
This limited warranty warrants to You, the consumer who originally purchased the Product on the Site, that such Products will be free from defects and are suitable for the Product’s normal use for the Warranty Period as defined below.
This limited warranty starts on the date of delivery and lasts for a period of 2 (two) years from the date of delivery. The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
In the event of a defect of the Product not caused by any misuse or damage to the Product while in the Consumer's possession during the Warranty Period, we will, in our sole discretion remedy the failure or defect, without charge to the Consumer. Unless proven otherwise, defects that become apparent within 6 (six) months from the time the Product was delivered shall be presumed to have already existed on that date, unless the defect is inconsistent with the nature of the Product or the nature of the defect. Dr. Vranjes Firenze can choose, in our sole discretion, either to (i) repair the Product; (ii) replace the Product; (iii) terminate the agreement or (iv) refund the purchase price. However, we will not elect refund unless it is unable to provide replacement and repair is not commercially practicable. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective product.
This limited warranty does not cover damage caused by misuse, abuse, or accident. To obtain warranty service, you must notify Dr. Vranjes Firenze, within 2 (two) months from the discovery of the defect during the warranty period.
The warranty must be requested directly by the Customer by sending an email to Dr. Vranjes customer service at email@example.com indicating the defect found and the referrals of the order. Therefore, You must keep the proof of purchase of the Product.
- 12.2 DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN THESE TERMS AND CONDITIONS OR IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF DR. VRANJES FIRENZE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE CONTENT, MATERIALS, PRODUCTS (INCLUDING SAMPLES AND SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN THESE TERMS AND CONDITIONS OR IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF DR. VRANJES FIRENZE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR PURCHASE OF ANY PRODUCTS VIA THIS SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- 12.3 LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
- EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You represent and warrant that You are buying products or services from the Site for Your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
- INTELLECTUAL PROPERTY USE AND OWNERSHIP
You acknowledge and agree that:
Dr. Vranjes Firenze is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
- PRIVACY STATEMENT
We respect Your privacy. Please read our Privacy Statement located https://drvranjes.us/us/privacy-policy, carefully since it describes, among other things, how we collect, use, share, transmit, process, transfer, store and secure information obtained when You access and use our Site. You acknowledge and agree that You are solely responsible for the accuracy and content of Your personal information, and You agree to keep it up to date. Dr. Vranjes Firenze shall not be liable to You for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Statement.
- WAIVER AND SEVERABILITY
- DISPUTE RESOLUTION – ARBITRATION, NO CLASS ACTIONS
You and Dr. Vranjes Firenze agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all users of the Site and consumers to the fullest extent allowable by law. By accepting these terms, You and Dr. Vranjes Firenze expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable. This Section covers any and all disputes between us (“Disputes”), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which You are not a member of a certified class; and
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of Your or Dr. Vranjes Firenze’s (or any of Dr. Vranjes Firenze’s licensors’) intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; and
- in addition, nothing in this Section shall prevent either party from initiating a small claims court action.
- Informal Negotiations/Notice of Dispute. You and Dr. Vranjes Firenze agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Dr. Vranjes Firenze will send its Notice of Dispute to Your billing address (if You provided it to us) or to the email address You provided to us. You will send Your Notice of Dispute to: [firstname.lastname@example.org]
- Binding Arbitration. If You and Dr. Vranjes Firenze are unable to resolve a Dispute through informal negotiations within thirty (30) days after receipt of the Notice of Dispute, either You or Dr. Vranjes Firenze may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND DR. VRANJES FIRENZE ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be administered by the American Arbitration Association ("AAA”) under its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if You send DR. VRANJES FIRENZE a notice to the Notice of Dispute address above indicating that You are unable to pay the fees required to initiate an arbitration, then Dr. Vranjes Firenze will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Dr. Vranjes Firenze may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and DR. VRANJES FIRENZE agree that any arbitration shall be limited to the Dispute between DR. VRANJES FIRENZE and You individually, regardless whether the relief sought is monetary or injunctive relief, and any relief awarded in arbitration shall be applicable only to You in Your individual capacity. To the full extent permitted by law,
(1) no arbitration shall be joined with any other;
(2) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and
(3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND DR. VRANJES FIRENZE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and an authorized representative of DR. VRANJES FIRENZE agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void.
- Location. If You are a resident of the United States, arbitration will take place at any reasonable location convenient for You. For residents outside the United States, arbitration shall be initiated in the Southern District of New York, United States of America, and You and DR. VRANJES FIRENZE agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- Changes to This Provision. DR. VRANJES FIRENZE will not enforce material changes to this agreement to arbitrate against account holders absent express agreement to the changed terms.
- APPLICABLE LAW/VENUE
The laws of the State of New York, U.S.A. without giving effect to:
- New York’s conflict of laws provisions;
- the United Nations Convention on Contracts for the International Sale of Goods;
- the 1974 Convention on the Limitation Period in the International Sale of Goods; and
- FORCE MAJEURE
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of Your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or other potential disasters, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 15 consecutive days following written notice given by it under this Section 19, the other Party may thereafter terminate this Agreement upon 15 days' written notice.
- NOTIFICATION OF COPYRIGHT INFRINGEMENT
DMCA. We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).
Take-Down Notice.If You believe that Your work has been infringed in connection with the Site, please provide written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below) that contains all of the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) A description of the copyrighted work(s) infringed;
(c) A description of where the content that You claim is infringing is located on the Site;
(d) Information sufficient to permit us to contact You, such as Your physical address, telephone number, and email address;
(e) A statement by You that You have a good faith belief that the use of the content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by You that the information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before You file the notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as You could be liable for costs and attorneys’ fees should You file a takedown notice where there is no infringing use. If You are unsure whether a use of Your copyrighted material constitutes infringement, please contact an attorney.
Counter-Notice. f You believe we disabled or removed access to Your content as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) to our Copyright Agent (contact information below), which must contain all of the following elements:
(a) A physical or electronic signature of the subscriber;
(b) Identification of the content that was removed from the Site and the location of the Site on which the content appeared before it was removed;
(c) A statement under penalty of perjury that You have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled;
(d) Information sufficient to permit us to contact You, such as Your physical address, telephone number, and email address; and
(e) A statement that You consent to jurisdiction of the Federal District court for the district where You reside (or of New York County, New York if You reside outside of the United Sates) and that You will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of the person.
Before You file a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as You could be liable for costs and attorneys’ fees in the event that a court determines Your counter-notification misrepresented that the content was removed by mistake. If You are unsure whether use of the content at issue constitutes infringement, please contact an attorney.
Copyright Agent. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:
607 14th Street NW Ste. 800
Attn: Leo Loughlin, Esq.
By telephone: 202.783.6040
The Copyright Agent will not remove content from the Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit the notifications by fax or ordinary mail only and as further described by this section. The Copyright Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and that the infringement is occurring on the Site. All other inquiries directed to the Copyright Agent will not be responded to.
- HOW TO CONTACT US
- To You. We may provide any notice to You under these Terms by: (i) sending a message to the email address You provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is Your responsibility to keep Your email address current.
- To Us. To give us notice under these Terms, You must contact us as follows: (i) by facsimile transmission to ; or (ii) by personal delivery, overnight courier or registered or certified mail to DRV US Corp., with registered office in 9 E LOOCKERMAN ST STE 311 Suite 311 Delaware Dover 19901-8305 United States, email: email@example.com. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- ENTIRE AGREEMENT