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TERMS AND CONDITIONS

1. Definitions

1.1. Identification: DIFF-INK USA LLC, hereinafter referred to as "the Seller," can be contacted at contact@diff-ink.com.

1.2. Governing Terms: These general terms and conditions of sale (hereinafter "GTC") are the only terms applicable between the parties, excluding any other conditions, reservations, restrictions, or clauses from the Buyer, unless expressly accepted in writing by the Seller.

1.3. Application Usage: The use of the DIFF-INK application implies acceptance of its specific terms of use, which are cumulative with these GTC.

1.4. Definition of Buyer: "Buyer" refers to any individual, business, or company on whose behalf a DIFF-INK Product has been purchased from the Seller.

1.5. Definition of DIFF-INK Product: The "DIFF-INK Product" refers to the digital frame and its accessories that display works giving the appearance of a physical print, using electronic paper. The Product is available in different formats and operates in combination with the Application.

1.6. Definition of Order: "Order" refers to any order placed remotely on the Seller’s website by a Buyer to purchase a DIFF-INK Product, subscribe to a subscription, or purchase a limited edition Work.

1.7. Definition of Delivery: "Delivery" refers to the physical handover of the DIFF-INK Product to the Buyer and/or the digital delivery of works in digital editions in the Buyer's virtual vault, and any associated accessories.

1.8. Definition of Website: "Website" refers to the Seller’s website: https://www.diff-ink.com/.

1.9. Definition of Work(s): "Work(s)" refers to the digital file(s) that allow a photograph to be displayed through the DIFF-INK Product and the Application.

1.10. Definition of Application: The "Application" refers to the DIFF-INK software program published by the Seller, available for free download on iOS and Android, developed to be installed on mobile devices (smartphones and tablets) and executable from a mobile operating system, allowing the DIFF-INK Product to function and be managed.

1.11. Definition of Free Subscription: The "Free Subscription" refers to access to a catalog containing 10 to 20 Works available on the Application and provided free of charge with the purchase of the DIFF-INK Product.

1.12. Definition of Paid Subscription: The "Paid Subscription" refers to access to a regularly updated catalog of Works available for a monthly fee.

1.13. Definition of Limited Edition(s): The "Limited Edition(s)" refers to Works created by artists and made available exclusively on the Application in limited and numbered digital editions from #1 to #300 maximum, available for individual purchase by the Buyer.

 

2. Prior Acceptance

2.1. Buyer’s Acceptance: Any Order or purchase made or addressed to the Seller necessarily implies, as an essential and determining condition, the Buyer’s unreserved acceptance of these GTC. These general terms and conditions are an integral part of the contract with the Buyer. The GTC are communicated to the Buyer before the sale is concluded and are freely downloadable via the Website. The Buyer acknowledges having been able to review the GTC and having agreed to them.

2.2. Official Version: In case of translation of the GTC, the English version will always be considered the official version that prevails over the translations.

2.3. Application Terms: These General Terms and Conditions of Sale are to be read in combination with the general terms of use of the Application.

 

3. General Provisions - Purchase - Price - Retention of Title - Delivery

3.1. Pricing: The prices mentioned on the Seller’s Website, in stores, and on the Application are exclusive of taxes. Applicable sales taxes are calculated based on the shipping address and added at checkout in compliance with U.S. state tax laws.

3.2. Additional Fees: The displayed prices do not include any applicable delivery or payment fees, which are mentioned separately.

3.3. Order Confirmation: When finalizing their Order, the Buyer is informed of the main characteristics of the DIFF-INK Product, the total price including all applicable taxes, delivery fees, payment fees, payment and delivery terms, and the delivery date of the DIFF-INK Product through a summary email sent to the email address provided by the Buyer. This email serves as the official purchase confirmation.

3.4. Transfer of Ownership and Risk: Unless specifically agreed otherwise, the DIFF-INK Product is delivered only after full payment of the price. The transfer of ownership and risk occurs upon full payment.

3.5. Delivery Process: Unless specifically agreed otherwise, Delivery takes place in-store or at the address provided by the Buyer if the Buyer places an Order.

3.6. Late Payment: Unless otherwise provided by law, particularly concerning formal notices, any invoice that remains unpaid on its due date will automatically and without prior notice accrue interest at 18% per annum (Florida's legal maximum rate) until the day of payment.

3.7. Penalty for Late Payment: The amount due will automatically be increased by a 15% penalty with a minimum of $100, as a fixed and irreducible penalty clause, without prejudice to any other damages that may be owed.

 

4. Compliance

4.1. Product Descriptions: All DIFF-INK Products offered by the Seller and their main characteristics are described in good faith and as accurately as possible using technical sheets available in-store, on the Seller’s Website, and on the Application. However, any images representing DIFF-INK Products have no contractual value. The Seller disclaims any responsibility for errors that may appear in the descriptions of the Products.

 

5. Return and Refund Policy

5.1 All Sales Are Final

All sales of DIFF-INK Products are considered final once the purchase has been completed. We do not accept returns, exchanges, or cancellations except as required by applicable law or in situations where a return is warranted based on the circumstances outlined below.

5.2 Eligibility for Return or Refund

Returns or refunds will only be considered under the following conditions:

  • Misrepresentation: If the DIFF-INK Product received by the Buyer substantially differs from the description provided on the Website.

  • Defective Products: If the DIFF-INK Product arrives with a manufacturing defect that was not caused by improper handling or misuse by the Buyer.

  • Damage in Transit: If the Product was damaged during delivery, provided that the Buyer notifies the Seller within 48 hours of receiving the Product.

  • Non-functional Product: If the DIFF-INK Product is non-operational or fails to work as intended, as outlined in the product specifications.

5.3 Conditions for Returns

If a return is deemed eligible, the following conditions must be met:

  • The DIFF-INK Product must be in its original, unused condition, with all original packaging, accessories, and documentation included.

  • The Buyer must provide proof of purchase, including the original order confirmation or receipt.

  • The Buyer is responsible for covering the return shipping costs unless otherwise stated by law.

5.4 Return Process

  • The Buyer must contact DIFF-INK USA LLC via email at contact@diff-ink.com within 14 days of receiving the Product to request a return authorization.

  • Once the return is authorized, the Buyer will receive instructions on how to return the Product.

  • Unauthorized returns or returns received without prior communication and authorization will not be accepted.

5.5 Refund Process

  • Once the returned Product is received and inspected, DIFF-INK USA LLC will notify the Buyer of the approval or rejection of the refund request.

  • If approved, refunds will be processed using the original payment method within 30 days of receiving the returned Product.

  • Shipping costs, handling fees, and any applicable restocking fees (typically 15% of the Product’s purchase price) will be deducted from the refund amount.

5.6 Non-Returnable Items

The following items are non-returnable and non-refundable:

  • Products that have been used, damaged, or altered after delivery.

  • Products without original packaging, documentation, or accessories.

  • Limited Edition Works or customized digital content, as these are unique and created specifically for the Buyer.

  • Products sold at discounted or promotional prices, except where required by law.

5.7 Limited Warranty Claims

As the distributor, DIFF-INK USA LLC will facilitate communication with the manufacturer for warranty claims. The Buyer should contact the manufacturer directly regarding any warranty-related issues.

5.8 Legal Compliance and Rights

This Return and Refund Policy is governed by the laws of the State of Florida. Nothing in this policy affects the Buyer’s statutory rights under Florida law or other applicable consumer protection laws.

5.9 Compliance with State and Federal Laws 

This Return and Refund Policy is intended to comply with applicable laws and regulations, including federal consumer protection laws and the laws of states where DIFF-INK Products are sold. Where a conflict exists between this policy and such laws, the applicable law shall prevail.

 

6. Use - Intellectual Property Rights - Competition

6.1. Product Usage: The DIFF-INK Product is designed to function exclusively in combination with the Application in compliance with the user manual. It is strictly forbidden to hack or tamper with the DIFF-INK Product in any way to use it for other purposes.

6.2. Intellectual Property: The purchase of a DIFF-INK Product does not entail any transfer of copyright or any intellectual property rights on the DIFF-INK Product and/or the Works displayed on it to the Buyer unless specifically agreed upon between the parties.

6.3. Legal Action: The Seller reserves the right to pursue any person, Buyer, or third party, who violates this provision in the appropriate courts.

 

7. Warranties Provided by Manufacturers

7.1. Warranty Source: As DIFF-INK USA LLC is a distributor and not the manufacturer, all warranties related to the DIFF-INK Product and its accessories are provided by the respective manufacturers. The Buyer will be informed of the applicable manufacturer warranty and its terms at the time of purchase.

7.2. Warranty Claims: Warranty claims must be made directly to the manufacturer in accordance with their warranty policy. The Seller will assist the Buyer in communicating with the manufacturer but is not responsible for any claims beyond this facilitation.

7.3. Warranty Limitation: The Seller makes no independent warranties beyond those offered by the manufacturers. Any liability for defects, technical issues, or damage is limited to what is provided in the manufacturer’s warranty.

7.4. Warranty Exclusions: Warranty exclusions include but are not limited to damages caused by misuse, negligence, normal wear and tear, or improper use of the DIFF-INK Product.

 

8. Liability and Force Majeure

8.1. Limitation of Liability: The Seller disclaims all liability for damages resulting from defects, interference with medical devices, or misuse of DIFF-INK Products to the fullest extent permitted by law.

8.2. Force Majeure: The Seller will not be held liable for delays in Delivery or the non-performance of the contract in cases of force majeure, including but not limited to natural disasters, strikes, wars, or governmental regulations.

 

9. Governing Law and Jurisdiction

9.1. Governing Law: These Terms and Conditions, including the Return and Refund Policy, are governed by and construed in accordance with the laws of the State of Florida, USA.

9.2. Compliance with Federal and State Laws: Notwithstanding the above, DIFF-INK USA LLC agrees to comply with applicable federal laws and consumer protection laws of other states where products are sold, to the extent required by law. 

9.3. Jurisdiction and Venue: Any disputes arising out of or related to these Terms and Conditions shall be resolved in the state or federal courts located in Miami-Dade County, Florida, unless otherwise required by applicable law.

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10. Modification of Terms

10.1. Right to Modify: DIFF-INK USA LLC reserves the right to modify these Terms and Conditions at any time. Any changes will be effective upon posting on the Website, and it is the responsibility

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