1.1. In these Conditions, the following definitions shall apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in the US are open for business.
Contract: the contract between Sortimo of North America, Inc. and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
Customer: the person or firm who purchases the Goods from Sortimo North America, Inc..
Goods: the goods (or any part of them) set out in the Order.
Sortimo: Sortimo of North America, Inc., 3055 Northwoods Circle, NW, Norcross, GA 33071
Order: Customer's order for the Goods submitted by the Customer online via the www.mySortimo.us website.
Specification: any specification for the Goods, including any related plans and drawings that are agreed by the Customer and Sortimo of North America, Inc.
Website: means the website accessible at www.mySortimo.us
1.2. CONTACT DETAILS
Sortimo can be contacted via the following methods:
Postal: You can write to Sortimo at the address below:
Sortimo Customer Services
3055 Northwoods Circle NW,
Norcross, GA 30071
1. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.mySortimo.us (the "Service") operated by Sortimo of North America, Inc. ("us", "we", or "our").
2. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
3. By accessing or using the Service you agree to be bound by these Terms of Service. If you disagree with any part of the terms then you do not have permission to access the Service. Sortimo of North America, Inc. (www.mySortimo.us) owns and operates this Website. These terms and conditions govern your relationship with www.mySortimo.us (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to these terms, conditions and notices (the "Terms of Service"). Again, by using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Payment Information and Accounts
4. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
5. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
7. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
8. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
9. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
10. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
11. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Updates and Changes
12. We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Access and Links
13. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
16. You must not misuse this Website. You will not:
(A) commit or encourage a criminal offense;
(B) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful;
(B) take any action which is in breach of trust or which violates any contractual obligation;
(C) transmit or distribute or link to any information, images or material or software which is in any way offensive or obscene;
(D) hack into any aspect of the Service;
(E) corrupt or appropriate any data;
(F) cause annoyance to other users;
(G) infringe upon the rights of any other person's proprietary rights;
(H) send or post any unsolicited advertising or promotional material, commonly referred to as "spam";
(I) or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.mySortimo.us will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
17. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
18. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, all of which are hereby expressly and fully DISCLAIMED.
19. We (and our licensors, if any) do not warrant that:
(A) the Service will function in an uninterrupted or secure manner;
(B) the Service will be available at any particular time or location;
(C) any errors or defects will be corrected;
(D) the Service is free of viruses or other harmful components; or
(E) the results of using the Service will meet your requirements.
Intellectual Property, Software and Content
20. The intellectual property rights in all software and content (including photographic or other images or logos) made available to you on or through this Website remain in all respects the property of www.mySortimo.us or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.mySortimo.us and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, link or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
21. By placing an Order you are offering to purchase a product on and subject to the terms and conditions herein. All orders are subject to availability and confirmation of the order price.
Shipping times may vary according to availability and are subject always to any and all delays resulting from postal delays or force majeure for which we will not be responsible.
A. In order to contract with www.mySortimo.us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.mySortimo.us or may in some cases be a third party. Where a contract is made with a third party, we are not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you explicitly represent to us that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds or sufficient credit presently available at the time of payment to fully cover the cost of the goods and any associated fees, taxes or shipping costs. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
B. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until and unless we send you confirmation by e-mail that the goods which you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipping will be included in the contract formed.
C. Although we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of affirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
D. Payment Upon receipt of your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds or there is sufficient credit to fund the transaction. Your card will be debited or charged upon receipt of your authorization. You will receive an email confirming shipment of the goods you ordered.
22. Indemnification and Defense You agree to defend, indemnify and hold harmless Sortimo of North America, Inc., www.mySortimo.us, and its licensees and licensors, the parent, affiliate and subsidiary companies of Sortimo of North America, Inc. and www.mySortimo.us and all of the employees, contractors, agents, officers, partners, members, managers and directors of all of the foregoing, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (A) your use and access of the Service (by you or any person using your account and password or as a guest if you have not established an account or password) or (B) any and all breaches of these Terms of Service.
23. Limitation Of Liability In no event shall Sortimo of North America, Inc., www.mySortimo.us, and its licensees and licensors, the parent, affiliate and subsidiary companies of Sortimo of North America, Inc. and www.mySortimo.us and all of the employees, contractors, agents, officers, partners, members, managers and directors of all of the foregoing be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, reputation or other intangible losses, or the cost of procuring replacement goods and/or services resulting directly or indirectly or in connection with, arising out of or from:
(A) your access to or use of or inability to access or use the Service;
(B) any conduct or content of any third party on the Service;
(C) any content obtained from the Service;
(C) the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise and
(D) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. The foregoing language does not affect any liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Notwithstanding the foregoing, you expressly agree as a fundamental inducement to us to enter into this agreement with you that the total maximum aggregate liability of Sortimo of North America, Inc., www.mySortimo.us, and its licensees and licensors, the parent, affiliate and subsidiary companies of Sortimo of North America, Inc. and www.mySortimo.us and all of the employees, contractors, agents, officers, partners, members, managers and directors of all of the foregoing for any and all claims not waived by this agreement or otherwise shall not exceed the amount of $10,000.00 (U.S.)
24. If any part of these Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. Insofar as possible, where any clause or part of a clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that any such clause shall be rectified and interpreted in such a way that the effect of such interpretation as closely resembles the original meaning of the clause as is permitted by applicable law.
25. Complaints We operate a complaints handling procedure which we will use to try to agreeably resolve disputes when they first arise. Please let us know if you have any complaints or comments.
26. Waiver If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
27. Entire Agreement The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by one of our Executive Officers.
Last Updated: June 19, 2019