Welcome to ca.diesel.com (the “Site”), which is operated for DIESEL CANADA INC. by DIESEL USA INC. (“DIESEL” or “we” or “our” or “us”) and our order intake and fulfillment providers. These terms and conditions (the “General Terms and Conditions of Sale”) govern the sale of merchandise by DIESEL to individuals (“Users” or “you” or “your”) through the Site. The Site is available only for purchases made and delivered within Canada and it is not intended for children. Your use of the Site to purchase merchandise indicates your agreement to follow and to be bound by the General Terms and Conditions of Sale. If you do not want to accept the General Terms and Conditions of Sale, please do not purchase merchandise from the Site.
1. PURCHASES ON THE SITE
All orders are subject to email confirmation from us. Please note that availability is not guaranteed for the merchandise displayed on the Site, as it may be out-of-stock or discontinued. Also, the colors you see while using the Site will depend on your computer monitor and may vary from the actual color of the merchandise. Diesel does not provide price adjustments on prior purchases.
All prices are in U.S. Dollars and prices may change without notice. The total price includes goods and services, harmonized sales and/or provncial sales taxes, applied in accordance with individual federal and provicial laws and regulations, based on the jurisdiction you are shipping the products to. An estimation of the tax charges will be indicated on the confirmation page of your online Shopping Cart on the Site, which will be equal to or less than the exact taxes applied to your purchase. Actual tax charges will be calculated automatically after your order is shipped and the final order total will be indicated in the invoice you receive with the shipping confirmation email.
3. SHIPPING COSTS
You are responsible for the shipping costs associated with the delivery of the merchandise you purchase on the Site as specified on your order confirmation. Tou may also separately be responsible for customs, brokerage or duty costs in respect of an products that you order which are to be imported into Canada as well as the cost of any products you wish to return. As with taxes, an estimation of the shipping costs (including customs, brokerage and duty costs) will be indicated on the confirmation page of your online Shopping Cart on the Site, which will be equal to or less than the exact amounts applied to your purchase. Actual shipping charges will be calculated automatically after your order is shipped and the final order total will be indicated in the invoice you receive with the shipping confirmation email.
You bear all risks of loss and damage to the merchandise you purchased from the time the merchandise have cleared our fulfillment house. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by a common carrier.
5. RETURNS AND REFUNDS
Please refer to our Return and Refund Policy , which is an integral part of these General Terms and Conditions of Sale.
6. MERGER AND INTEGRATION
Our order confirmation, these General Terms and Conditions of Sale and our other Site Policies will be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.
7. GOVERNING LAW AND VENUE
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale will be brought solely in the state and federal courts in and for New York, New York, USA.
8. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
DIESEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANDISE INCLUDED ON THE SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DIESEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. DIESEL WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, DIESEL'S SOLE AND EXCLUSIVE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR PURCHASE OF MERCHANDISE FROM THIS SITE. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF DIESEL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL THEIR ESSENTIAL PURPOSE.
THE LAWS OF SOME JURISDICTIONS 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If any provision of these General Terms and Conditions of Sale are determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
11. FORCE MAJEURE
DIESEL will not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.