Welcome to www.codesimian.com (the “Site”), which is operated for 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 the U.S. 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.
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST DIESEL ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
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.
All prices are in U.S. Dollars and prices may change without notice. The total price includes sales tax applied by individual State and local regulations, based on the State 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 sales tax 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. Please be aware that in some states, you may be directly required to pay tax on your purchases. Diesel does not provide price adjustments on prior purchases.
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.
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 ARBITRATION
By making a purchase from the Site, you and DIESEL agree that, if there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of these General Terms and Conditions of Sale or any part of them ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
- to diesel at [email protected], or
- to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and diesel agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION
PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. for binding arbitration under its rules then in effect in the New York, New York, USA area, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability or formation of these General Terms and Conditions of Sale, including any claim that all or any part of these General Terms and Conditions of Sale is void or voidable.
8. WARRANTY DISCLAIMERS
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. 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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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. THE LIMITATIONS IN THIS SECTION ARE APPLICABLE IN NEW JERSEY.
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.
If you have any question or need help with your account, you may contact us to assist you.
We will respond to every message within 1 working day. Monday to Saturday, excluding national holidays.
Monday - Friday: 9am - 9pm EST
Saturday: 10am - 9pm EST, excluding national holidays.