Terms and Conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE DNA-PLUS.com WEBSITE (USA -July 2010)

Please read the present General Terms and Conditions of Sale and General Terms and Conditions of Use of the DNA-PLUS.com website carefully.
General Terms and Conditions of Sale of DNA-PLUS.com website

The purchase of any products offered on DNA-PLUS.com website is subject to the present Terms and Conditions ("Terms and Conditions of Sale").
Orders may only be placed on the DNA-PLUS.com website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of DNA+ products purchased on DNA-PLUS.com website is strictly subject to DNA+ pre-approval.
DNA+ llc may update these Terms and Conditions of Sale at anytime. You can view the most current version of the General Conditions of Sale at any time by clicking on the hyperlink labelled "customer service".
For each order on DNA-PLUS.com website, your acceptance of the Terms and Conditions of Sale in force at the date of the order will be requested.

Purchase - Terms of ordering

The DNA-PLUS.com website may be used to order a selection of DNA+ products from DNA+ llc, directly online via the Internet from worldwide.
You may also place your order by telephone on by dialing 646 257 2087 from Monday to Friday, 9.00 a.m. to 6.00 p.m. EST, from anywhere worldwide.
An order can be placed for one or several delivery address.
For each product selected on the DNA-PLUS.com website, a summary page will be displayed automatically featuring a photograph of the item, its colouring and references, the quantity selected, its unit price and the total amount owed for your order. You should check that this information accurately reflects your selection before confirming your order. Upon confirmation, your order will be submitted to DNA+ llc for processing (see "Acceptance of orders"). While every effort is taken to try to ensure that the colouring, design and style of the DNA+ products in the photographs displayed on the DNA-PLUS.com website are representative of the original products, variations may occur due to technical restrictions of colour reproduction on your computer equipment. Accordingly, DNA+ llc shall not be liable for any error or inaccuracy in the photographs or graphical representations of DNA+ products displayed on the DNA-PLUS.com website. If you have any questions about the products, you may of course contact our customer service by clicking on the hyperlink labeled "contact".
DNA+ llc, reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or if DNA+ llc has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity or for any other legitimate cause.

For any exceptional order, we thank you to contact our customer service on the hyperlink "contact" or by phone.

Purchase - Avaibility

Our offers of products and prices are valid as they are on view on the DNA-PLUS.com website, and are subject to availability. In this purpose, instructions about the availability of the products will be given at the time of the ordering. Exceptionally, errors or amendments could exist, especially in case of simultaneous orders of the same product by several customers. In case of unavailability of a product after ordering, you will be informed of that by email or by phone as soon as possible, and it will be proposed to you either to order an other item shown on the DNA-PLUS.com website in substitution or to cancel your order.
If you choose to cancel your order, you will be immediately refunded if your bank account has been debited.
DNA+ llc is not liable in case of stock outage or unavailability of products.
DNA+ llc reserves the right to change at any time and without any previous notice the items proposed on the DNA+ website.

Purchase - Order Confirmation

At the end of the ordering procedure, you are invited to click on the "Pay" push button. Since the confirmation, your order is transmitted to DNA+ llc for treatment. It could not be amended or cancelled except in the expressly conditions provided for herein the Terms and Conditions of Sale or in conditions provided for the applicable law. The confirmation of your order means your acceptance of the whole there of Terms and Conditions of Sale.
You will receive an order summary.
The data registered by the DNA-PLUS.com website establish the proof of the whole transactions operated between DNA+ llc and its customers. In case of dispute between DNA+ llc and one of its customers about a transaction made on the DNA-PLUS.com website, the data registered by DNA+ llc are considered as an irrefutable proof of the content transaction.

Purchase - Price Payment

The prices of DNA+ products are indicated in US $ (US dollar), excluding taxes and shipping costs (see "Shipping and Delivery").
DNA+ llc reserves the right to modify the prices of products offered on the DNA-PLUS.com website at any time without prior notice to you. You will be charged the prices displayed on the DNA-PLUS.com website at the time your order was confirmed provided the goods ordered were available at this time.
You are required to pay for any order placed on the DNA-PLUS.com website immediately on confirmation of your order. We only accept payment by charge card or credit card and/or by bank wire when ordered amount goes beyond $10 000.00. All orders are payable in US $. We accept the following charge cards and credit cards: MasterCard®, Visa®, Diners Club®/Carte Blanche®, American Express®, and JCB®. Your order will only be dispatched once we have verified your payment method and received authorization to process your payment.
Your charge card or credit card will only be debited when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and shipping costs for the goods available.

Purchase - Reservation of title

The ordered products remain the property of DNA+ llc until the whole cashing of the price by DNA+ llc
In case of a payment incident, you undertake to return the received products to DNA+ llc upon first request.
In return, you assume the risks (in particular the loss, stealing or damage) relating to the delivered products and this at the effective date of the delivery.

Shipping and Delivery - Delivery Zone

Goods purchased via the DNA-PLUS.com website are delivered worlwide.
Goods will be shipped to the delivery address specified during the ordering procedure.

Shipping and Delivery - Shipping costs

DNA+ llc reserves the right to ship its products with the carrier of its choice.
Delivery costs depend on the value of your order and the delivery service you select:

We will inform you of the shipping costs for the shipment method you would have selected in the order summary displayed on the DNA-PLUS.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered.

Delivery Time - Time required for delivery

During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased.
However, DNA+ llc reserves the right to divide your order into part shipments. In this case, your charge card or credit card will only be debited for the goods shipped and for a single shipment.

Delivery Time - Problems of delivery

You should check that your shipment is correct on delivery. If there are any discrepancies in your order when the products are delivered to you, you should note the nature of the potential discrepancy (e.g., open package, damaged goods, etc.) by hand, if possible, on the delivery notice, and sign. All dates and times specified to you for delivery and installation of the
Products or the provision of Services are estimates only and DNA+ llc shall not have liability for delay or for any damages or losses sustained by you as a result of such dates or times not being met. You shall not be entitled to refuse acceptance of the Products or Services as a consequence of such delay.

DNA+ llc will at its discretion either refund the cost or replace or repair free of
charge any Products proved to the DNA+ llc’s satisfaction to have been lost or
damaged in transit up to the moment of delivery provided that within three (3) days of
receipt of the Products in the case of damage or within ten (10) days of the date of the
invoice or advice note or equivalent notice whether oral or written in the case of loss,
you should notify both the carrier and DNA+ llc in writing of the nature and
extent of the damage or loss. DNA+  accepts no liability for delay in transit.
Unless the Products are checked on receipt, the carriers documentation should be
endorsed “unexamined”.
If the goods do not conform to your order or you are not satisfied with them, you may return them, exchange them or request a refund according to the terms and conditions contained in the section entitled "Returns - Exchanges - Refunds"

Returns - Exchanges - Refunds

You are entitled to return any product ordered via the DNA-PLUS.com website within the thirty (30) calendar days following the date of delivery, subject to the following terms and conditions:
Returns must be sent in their original condition and packaging to the following address: DNA+ R&D, 18 Hawthorn road, 01945, Marblehead, USA (Use the return label included with your order for this purpose). You must enclose the original receipt with your returns, or a copy if you are returning part of your order.
For items received as a gift obtained from the DNA-PLUS.com website, you are only entitled to a merchandise exchange.
You may exchange the item either:
- for a different item in the same product category or for one or several different items which together are equal in value to the full value of the original item you received as a gift.

If you exchange goods, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of the second delivery. Only one exchange by item will be honoured.
If you ask for a refund, DNA+ llc will use commercially reasonable efforts to ensure that any refund will be made within seven (7) business days of receipt of the goods returned by crediting your charge or credit card. Under no circumstances will it be possible to grant you an electronic credit usable on the DNA-PLUS.com website, nor will the website issue a store credit for use in an DNA+ showroom.
In either case (exchange or refund), the shipping costs incurred in returning any replacement goods to you will be refunded if you were justified in returning the goods because they were not as ordered (e.g., product reference error, damaged goods, etc.).
DNA+ llc has sole discretion in determining whether the products are in original condition when returned to DNA-PLUS.com website.
DNA+ llc will not be responsible or liable if any item you wish to return to the DNA-PLUS.com website is lost, misdirected or delivered late.
We do not currently exchange or allow refunds for goods purchased in DNA+ showrooms via the DNA-PLUS.com website.

General Terms and Conditions of Use of DNA-PLUS.com website

The DNA-PLUS.com website is operated by DNA+ llc.
DNA+ llc is the U.S. sales subsidiary of the ALEX VITET DESIGN llc and has its principal office at 1461 A First avenue, New York, USA.
The use of the DNA-PLUS.com website and the purchase of any products offered on DNA-PLUS.com website are subject to the present terms and conditions ("Terms and Conditions of Use"). The use of the DNA-PLUS.com website constitutes your agreement to comply with, and be bound by, these Terms and Conditions of Use and your consent to the Privacy Policy for the DNA-PLUS.com website ("Privacy Policy").
DNA+ llc may update these Terms and Conditions of Use and the Privacy Policy at anytime. By continuing to use the DNA-PLUS.com website following any such change, you agree to comply with and be bound by the Terms and Conditions of Use and consent to the Privacy Policy, each as modified. You can view the most current version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the hyperlink labeled "Terms and Conditions of sale".

Security and Personal Data

The DNA-PLUS.com Privacy Policy (see "Privacy Policy") governs the use of any personal information that you agreed to provide to DNA+ llc on this website, DNA+ llc may modify or amend the Privacy Policy at anytime as provided in the Privacy Policy.
The DNA-PLUS.com website is not intented to minor children.

Intellectual Property

All material on the DNA-PLUS.com website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, trademarks...) are the exclusive property of DNA+ llc or any of its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the DNA-PLUS.com website.
The "DNA+" trademark, the trademark image of a horse and carriage and all other DNA+ related marks and logos, whether or not registered, displayed on the DNA-PLUS.com website, as well as the domain name "DNA-PLUS.com," are and will remain the exclusive property of DNA+ llc. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of DNA+ llc is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the DNA-PLUS.com website or any content contained therein. You may make a single copy of web pages published on the DNA-PLUS.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.

Linking

The DNA-PLUS.com website may contain links to third party websites not under the operation or control of DNA+ llc, or DNA+ llc. Such links are provided as a convenience only and can not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the DNA-PLUS.com website if expressly authorized in writing by DNA+ llc.

Limitation of Liability

DNA+ llc should not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the DNA-PLUS.com website, even if DNA+ llc has been advised of the possibility of such damages.

Disclaimer of Warranty

DNA+ llc does not guarantee or represent that:
- the DNA-PLUS.com website is free from viruses, worms, trojan horses or other destructive material;
- the informations contained on the DNA-PLUS.com website are accurate, complete or up to date.
The DNA-PLUS.com website may contain technical inaccuracies or other defects; DNA+ llc does not guarantee that any such defects will be corrected. The DNA-PLUS.com website and its contents are provided on an "as is" and "as available" basis. DNA+ llc and DNA+ llc expressly disclaim all warranties of any kind, whether express or implied, including without limitation, the implied warranties of compliance appropriation of DNA-PLUS.com website or of its contents intented to an usual use or a specific use, of its quality or lack of infringement to ordinary statement from them.

Law - Disputes

These Terms and Conditions of Use shall be governed by and construed in accordance with the state of Delaware's law, without regard to principles of conflicts of laws. The language of these Terms and Conditions of Use is US english. In the event of a dispute, the commercial court of Delaware shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court. DNA+ llc shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder.