GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (“Terms”) apply to all deliveries of products and services (“Products”) from IDS LLC or its Affiliates (each of which is referred to as “IDS”) to any customer (“Customer”). In these Terms “Affiliate” shall mean any entity that directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control by IDS LLC at such time. No terms and conditions other than these Terms shall be binding upon IDS and the Customer unless agreed in writing by both IDS and Customer. All terms and conditions contained in any prior communication which are different from or in addition to the Terms shall not be binding on IDS unless otherwise expressly agreed in writing by both IDS and Customer. The Site (www.smartspirits.us) is owned by SmartSpirits SL and controlled IDS. Your use of the Site constitutes your agreement to these Terms. By using the Site, you agree to be bound by these Terms and any additional terms that may be posted for any specific Site. If you do not agree to these Terms, do not use the Site. IDS reserves the right to modify or change these Terms from time to time, at IDS’s sole discretion, without prior notice to you. Please periodically visit this section of the Site to review the current version of these Terms. By using the Site you agree to the most current version of the Terms and any and all future changes that may be placed in effect. You also agree to comply with any additional Terms which are referred to on this Site or any area within the Site. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND IDS REGARDING THE SITE.
1. Website content and limit of use
We provide this Site as a service to our customers. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "Content") is owned or licensed by SmartSpirits SL.
The Site and all its Content are intended solely for your personal use. Except as described herein, you may not copy, reproduce, distribute, perform, create derivative or joint works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble or otherwise exploit or use, in whole or in part, any of the Content and/or the Site, including but not limited to any software or any other item. You agree that if you download or print any images from the Site you do so solely for your own personal use and will not remove any copyright, trademark, and other notices that appear within the Site. No right, title or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.
2. Username & Password
In order to create an account on this Site, you must be at least twenty one (21) years old and create a Username and Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. By registering, you may agree to receive communications and promotional materials from IDS and its affiliated entities.
Except for information, products or services clearly and specifically identified as being supplied or endorsed by IDS, IDS does not endorse any products or services on this Site or other sites linked to or from it. IDS may add, change, or remove any Content posted on this Site, including features and specifications of products described or depicted on the Site, at any time, without notice and without liability.
3. Trademark Notice
Names and logos and all related product and service names, design marks and slogans are the proprietary property of Smartspirits SL. All rights are reserved. Site visitors are not authorized to use any company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of IDS. All other trademarks appearing on the Site are the property of their respective owners.
4. Product information, Pricing and Availability
The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at this Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by IDS or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide IDSy or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
5. Limitation of liability
IN NO EVENT SHALL IDS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF IDS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limited One Year Warranty
IDS warrants that your Product will be free of defects in materials or workmanship under normal home use for one year from the date of purchase. IDS will, at its option, repair or replace the unit without charge upon its receipt of proof of the date of purchase. If a replacement unit is necessary to service this warranty, the replacement unit may be new or reconditioned. The Customer is responsible for repackaging Products returned in suitable packing material to prevent damage in transit. If a replacement unit is sent, it will carry a One Year Warranty from the date of shipment. IDS will cover all shipping costs for authorized returns. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. THIS WARRANTY DOES NOT COVER CONSEQUENTIAL OR INCIDENTAL DAMAGES SUCH AS PROPERTY DAMAGE AND DOES NOT COVER INCIDENTAL COSTS AND EXPENSES RESULTING FROM ANY BREACH OF THIS WARRANTY, EVEN IF FORESEEABLE. Some states do not allow the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusion may not apply to you depending on the state of purchase. Nor does this warranty cover damages caused by services performed by anyone other than IDS or its authorized service providers, use of parts other then genuine parts, or external causes such as abuse, misuse, inappropriate power supply or acts of God. Other Limitations THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER EXPRESS WARRANTY, WHETHER WRITTEN OR ORAL. THE DURATION OF ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS EXPRESSLY LIMITED TO THE PERIOD OF DURATION OF THIS LIMITED WARRANTY. Some states or Provinces do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you depending on the state of purchase.
Customer shall indemnify, defend and hold IDS harmless from all claims, including but not limited to all claims filed by third parties, for injuries, harms, losses or damages of any kind, caused by or resulting from, (i) the Product after it has been delivered, (ii) abuse, the improper use, repair, maintenance or operation of the Product by Customer, or (iii) the Customer’s failure to comply with applicable laws or regulations.
The Customer consents to the jurisdiction of any court or arbitral tribunal in which any third party files a claim for injuries, harms, losses or damages allegedly caused by any Product sold to Customer.
8. Force Majeure
IDS is entitled to cancel orders or suspend or delay delivery of Products and will not be liable for such cancellation, suspension, or any non-delivery, faulty or delayed delivery which partly or wholly is caused by circumstances beyond IDS’ control, including, but not limited to, riots, civil unrest, war, terrorism, fire, insurrection, requisition, seizure, embargo or defects or delays in deliveries by sub-contractors, strikes, lockouts, slow downs, lack of transportation, and insufficient supplies of energy. Any of Customer’s contractual rights are suspended or become void in any such circumstances referred to in this clause. Customer is not entitled to any kind of damages or to make a claim whatsoever in case of cancellation.
Any claim, controversy or dispute arising between the parties with respect to (a) a purchase of a Product or (b) any damages, injuries, losses or harms allegedly caused by any will be resolved by, binding arbitration. Either party may file a written Demand for Arbitration with the American Arbitration Association's Philadelphia, Pennsylvania Regional Office, and will send a copy of the Demand for Arbitration to the other party. The arbitration will be conducted pursuant to the terms of the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that discovery may be had in accordance with the Federal Rules of Civil Procedure. The venue for the arbitration will be Pittsburgh, Pennsylvania. The arbitration will be conducted before one arbitrator selected through the American Arbitration Association's arbitrator selection procedures. The arbitrator will promptly fix the time, date and place of the hearing and notify the parties. The parties will stipulate that the arbitration hearing will last no longer than five business days. The arbitrator will render a decision within 10 days of the completion of the hearing, which decision may include an award of legal fees, costs of arbitration and interest. The arbitrator will promptly transmit an executed copy of its decision to the parties. The decision of the arbitrator will be final, binding and conclusive upon the parties. Each party will have the right to have the decision enforced by any court of competent jurisdiction. Notwithstanding any other provision of this Section, any Dispute in which a party seeks equitable relief may be brought in any court having jurisdiction.