Terms and Conditions Of Sale
These terms and conditions (these “Terms”) apply to the purchase and sale of products through www.ultramorea.com (the “Website”). These Terms are subject to change by UltraMorea, LLC (referred to as “UltraMorea”, “us” or “we ” as the context may require) without prior notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any products or services that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to the Terms as amended to reflect such changes.
1. These Terms contain important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read them 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 AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
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 ULTRAMOREA, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. You agree that your order is an offer to buy, under these Terms, all products 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 orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
(a) All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price changes 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 strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept American Express, MasterCard and Visa for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. By submitting your order via the Website, you agree to pay the purchase price for the products you selected plus shipping and handling costs if you select expedited shipping, and applicable duties and/or taxes, if any. Your debit or credit card will be charged in this amount at the time you submit your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. We do not accept any cancellations or returns, except as specified herein or as required by applicable law. You bear all risks of loss and damage to any returned products from the time you ship such product until we receive it. Unfortunately, we do not currently offer returns for international customers.
Except for any products designated on the Website as final sale or non-returnable, we will accept a return of products purchased by you for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within five days of delivery with valid proof of purchase and provided such products are returned in their like new, unworn and original condition. To return products, you must email our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (”RMA”)number before shipping your product. No returns of any type will be accepted without a valid RMA number clearly printed on the outside of the shipping carton or included inside the package.
You are responsible for all shipping and handling charges on returned items unless you obtain a shipping label from us in accordance with our policies. You bear the risk of loss during shipment. Any items being returned must be packed securely and shipped in their original shipping carton using the original foam packing, and accompanied by all original packaging and protective materials and accessories including, but not limited to, temple sleeves, tags, cases, cleaning cloths, boxes, and booklets. UltraMorea expressly reserves the right to refuse returns that do not fully comply with UltraMorea’s Return Policy and all other applicable polices governing purchases made through www.ultramorea.com.
Refunds are processed within approximately 10 business days of our receipt of your products. Your refund will be credited back to the same payment method used to make the original purchase on the Website.
For defective returns, please refer to the manufacturer’s warranty included with the product or as detailed in the product’s description on our Website.
6. The limited warranty included in these Terms covers any defects in material or workmanship in new UltraMorea eyewear products purchased by customers in the United States through www.ultramorea.com. The warranty period is one year from the documented date of purchase. This limited warranty extends only to the original consumer purchaser (“you” or “your”) and cannot be assigned or transferred to anyone else.
This limited warranty does not cover any problem caused by (i) commercial use, (ii) normal wear and tear, or (iii) misuse, accident (including but not limited to collision, fire, and spilled food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, or improper storage. This limited warranty is void if a product is returned with removed, damaged or tampered labels or any alterations. UltraMorea does not warrant against any scratched, fractured, or shattered lenses. Also, consequential, indirect, and incidental damages are not recoverable under this warranty.
UltraMorea will provide warranty coverage if your warranty claim complies with all terms of this limited warranty and you follow UltraMorea’s Return Policy. Please email all warranty claims, including pictures of the damage and original proof of purchase, to email@example.com. Once pictures and proof of purchase are received, a member of the UltraMorea team will email you with next steps regarding your individual claim. All warranty claims require original proof of purchase. If your claim is covered by this limited warranty and you are entitled to receive a repaired or replacement product, UltraMorea will pay the cost of shipping the product back to you after the warranty service is completed.
If UltraMorea authorizes you to return your product to UltraMorea and your claim is covered by this limited warranty, UltraMorea will decide whether to repair or replace the defective product. If your product will be replaced, UltraMorea will decide whether to replace it with a new or remanufactured product. If UltraMorea, in its sole discretion, determines it is not reasonable to replace the defective product, UltraMorea may refund you the purchase price you paid for the product. Repaired or replaced products are covered for the remainder of the original product warranty or 90 days, whichever is longer.
Frames acquired from sample sales or corporate gifting are not eligible for this limited warranty.
The laws of the State of Florida govern this limited warranty. It gives you specific legal rights, and you may also have other rights that vary from state to state. This limited warranty does not affect any additional rights you have under laws in your jurisdiction governing the sale of consumer goods. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions in this limited warranty statement may not apply to you.
7. In no event shall we be liable to you or any third-party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (i) whether such damages were foreseeable, (ii) whether or not we were advised of the possibility of such damages and (iii) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Our sole and entire maximum liability, and your sole and exclusive remedy shall be limited to the actual amount paid by you for the products you have ordered in one transaction through our Website.
8.. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export.
10. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11.. This Website is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
(a)YOU AND ULTRAMOREA, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR ULTRAMOREA, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14 The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of UltraMorea, LLC.
15. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) 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 Website. 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.
(b). To give us notice under these Terms, you must contact us at firstname.lastname@example.org.
17. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.