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Conditions of Sale

 



Note:The following Terms and Conditions of Sale are valid for orders to be performed and delivered to Canada and U.S.A.

 

DEFINITIONS AND INTERPRETATIONS

In these Conditions, unless the context otherwise requires:

“Buyer” means a person who places an Order with the Seller for the purchase of Goods and whose Order is accepted by the Seller either by its conduct or in writing;

 

“Contract” means the contract for the purchase and sale of the Goods;

“Goods” means the products (including any instalment of the products or any parts of them) specified in the Order;

“Intellectual Property Rights” means patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, design rights, know-how, confidential information, trade secrets, trade and business names and any other similar protected rights in any country;

“Manufacturer” means Unopiù S.p.A.;

“Order” means an order placed by the Buyer with the Seller;

“Seller” means DzineElements Inc.

“Terms and Conditions” means the Terms and Conditions of Sale set out in this document;

 

GENERAL

Unopiù is a company engaged in the production and marketing of design objects and outdoor furniture and has granted DZE the exclusive right to import, distribute, market and sell Unopiù products throughout the U.S.A. and Canada.

DZE is therefore the only entity authorized to distribute Unopiù products within the territory of U.S.A. and Canada.

These Terms and Conditions of Sale (the “Terms and Conditions”) shall govern the sale of goods and/or services by DzineElements, Inc. (“ “DZE” or “DzineElements”) in the United States of America through Unopiù’s website and/or other online platforms (the “Online Platforms”).

Your use of the Online Platforms to purchase goods and/or services, signifies your unequivocal agreement to be bound by DZE and Unopiù’s Terms and Conditions, privacy policy, and website terms of use which are hereby incorporated by reference. In the event of an order placed through the Online Platforms, when you check the “I have read and I accept DZE’s Terms and Conditions of Sale” or similar click-to-accept boxes at or before the payment section of the Online Platforms before placing your order with DZE, you indicate your unequivocal acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to order any goods or services from DZE.

Please read these Terms and Conditions and check our Online Platforms on a regular basis for any changes. DZE shall have the right to amend these Terms and Conditions at any time, with or without notice, at DZE’s sole discretion, and your continued use of the Online Platforms following such change shall signify your agreement to be bound in the future by the amended version of these Terms and Conditions.

Please read DZE’s Terms and Conditions carefully before placing any order(s) through the Online Platforms. If you do not agree with any of the terms of DZE’s Terms and Conditions, Unopiù’s privacy policy and/or or terms of use, please discontinue the use of our Online Platforms and do not proceed with any order.

Unless otherwise agreed in writing and to the fullest extent permitted by applicable laws, these Conditions shall prevail over any inconsistent terms implied by law or by trade customer, practice, or course of dealing and any such inconsistent terms are hereby expressly excluded.

 

PLACING AN ORDER; ORDER CONFIRMATION

When completing and submitting an order, you represent and warrant to DZE that your personal information provided is valid, true and accurate.

When ordering goods and/or services through Unopiù’s Online Platforms, once you have chosen a product or service, you must add such goods and/or service(s) to your shopping cart. You may then continue shopping for other products and/or services or proceed to checkout where you will be allowed to add or remove item(s) from your cart before finalizing your order.

After placing an order, you will receive an automatic e-mail confirmation from DzineElements acknowledging receipt of your order and providing you with additional information and/or instructions. Please note that clicking the “submit order” or similar button shall not indicate that your order has been accepted and purchase completed. Your order constitutes an offer to DZE to purchase goods and/or services. Your order will then be reviewed by DZE . All orders are subject to acceptance by DZE, and DZE will confirm such acceptance to you by sending you an e-mail confirming the order. An order shall become binding on DZE only once DZE sends you an order confirmation via e-mail and payment is processed.

Notwithstanding anything to the contrary contained in DZE’s Terms and Conditions or elsewhere, DZE reserves the right to refuse, cancel and/or terminate orders at any time, for any reason or no reason at all, in DZE’s sole discretion.

Orders submitted may not be changed or cancelled except as expressly provided in these Terms and Conditions or as required by applicable law(s).

In order to place an order, you must have reached the age of majority (usually 18) and have legal capacity to enter into a contract. The shipping/delivery address must be in the continental United States of America, Alaska, Hawaii, or the District of Columbia. If you are a minor or otherwise cannot lawfully enter into a contract, then you must have your parent or guardian place an order on your behalf and thereby agree to these Terms and Conditions. Any orders placed in violation of these Terms and Conditions shall be null and void ab initio.

The Seller reserves the right to make any changes in the specification of the Goods without notice which are required to conform with any applicable safety or other statutory requirements or as part of the continual evolution of technology or, where the Goods are supplied to the Seller’s specification, which do not materially affect the quality or performance of the Goods.

 

PRODUCT APPEARANCE DISCLAIMER

The Seller’s employees are not authorized to make any representations or give any advice or recommendations concerning the Goods, being such representations, advice or recommendations with no effect unless confirmed by the Seller in writing. In entering into the Contract, the Buyer acknowledges that it does not rely on, and waives any claim for breach of any such representations or any inaccuracy in such advice or recommendations, whatsoever, which are not confirmed.

Although every effort is made to ensure that product images are as accurate as possible, images shown on Unopiù’s Online Platforms are for display purposes only. All drawings, pictures, descriptions, quotations, illustrations, and specifications contained in websites, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them.

Colors and finishes appearing on your screen may be different than those of products examined under natural light. Unopiù and DZE shall not be liable for discrepancy between online images and real products. Unopiù and DZE makes no representations and/or warranties, whether express or implied, with respect to the accuracy, reliability and completeness of product descriptions, dimensions, and colors, shown on Unopiù’s Online Platforms and/or provided in advertisements or catalogues.

Any typographical, clerical, or other error or omission in them shall be subject to correction without any liability on the part of the Seller and does not affect the Contract.

 

PRODUCT AVAILABILITY DISCLAIMER

All orders and/or services placed through Unopiù’s Online Platforms are subject to product availability.

Unopiù and DZE shall have the right to change the assortment of goods and/or services offered on its Online Platforms and may limit the quantity of products and/or services that may be ordered by you in a single transaction or series of transactions, for any reason or no reason at all. Specifically, Unopiù and DZE shall have the right to refuse orders exceeding a certain number of authorized items (goods and/or services). Unopiù and DZE shall not be liable if any product and/or service is out of stock or otherwise unavailable.

In the event that a product and/or service is unavailable after DZE has confirmed an order via email, DZE’s customer service will notify you as soon as possible. You will have the right to choose a different product and/or service or cancel your order, unless the order which was placed was for multiple items, in which case you will be notified of which items of your order can be cancelled.

 

PRICE OF GOODS AND PAYMENT

Prices are expressed in US Dollars, dropped off at customer Ship to Address with curbside delivery, and include packages and import costs to the USA but are exclusive of applicable taxes (including, without limitation, sales tax) and special delivery charges to customers final address from DzineElements, Inc. East Coast warehouse in Bayonne, N.J., if requested. DZE charges state, county and local sales tax as required under applicable laws.

DZE reserves the right to modify prices and delivery costs at any time without prior notice. You will be charged the prices at the time your order has been accepted.

Shipping charges, applicable taxes and any other applicable fees will be shown on your payment page before you are asked to confirm your order, after receiving the e-mail confirming the order. Sales and use taxes will vary and are determined based upon the geographical final destination to which products are shipped. Delivery charges and estimated sales and use taxes are not shown on the product pages and will be added to the product price, if applicable, after you have entered the shipping address.

Please note that changes to applicable laws between the date on which you place an order and the date on which your order is confirmed are possible. In the event of any such change, the amount of sales and/or use tax associated with your purchase will be adjusted accordingly.

Prices and availability of products are subject to change without notice. Errors will be corrected when discovered, and the Seller reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). In case that the stock of a given ordered item has been finished, the Seller will be only responsible for reimbursement of any deposit received for that item of Good.

 

METHODS OF PAYMENT

The payment of Goods has to be made full in advance at the time of placing the Order, by contacting DzineElements Customer Service.

DZE accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

All credit/debit card holders are subject to authorization by the card issuer. DZE will not be liable for any delay or non-delivery in the event that the card issuer does not authorize your purchase.

DZE reserves the right to run security checks on your credit card(s). By submitting an order, you expressly authorize DZE to run such security checks.

In addition to payment by credit card, you may pay via wire transfer or check if so authorized by DZE on a case by case basis.  

Due to the high risk of online frauds and scams via e-mail, if payment by wire transfer is authorized by DZE, it shall be your responsibility to verify DZE’s wiring instructions before making any wire. You should never rely solely on wiring instructions received via email and you shall verify DZE’s wiring instructions verbally by contacting DZE using DZE’s contact information published on Unopiù’s online platform before making any wire. Your order will not be processed until payment has been received and confirmed by DZE by e-mail. If your wire transfer payment is not credited into DZE’s bank account within five (5) business days of the date of your order, your order will be deemed cancelled and the goods purchased will not be shipped.

The ownership of the Goods will remain with the Seller until delivery. Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or pick up from DzineElements, Inc. East Coast warehouse in Bayonne, N.J.

 

DELIVERY

Prices are expressed in US Dollars, dropped off at customer Ship to Address with curbside delivery, and include packages and import costs to the USA but are exclusive of applicable taxes (including, without limitation, sales tax) and special delivery charges to customers final address from DzineElements, Inc. East Coast warehouse in Bayonne, N.J., if requested. Unopiù charges state, county and local sales tax as required under applicable laws.

Unopiù reserves the right to modify prices and delivery costs at any time without prior notice. You will be charged the prices displayed on Unopiù’s Online Platforms at the time you place your order.

Shipping charges, applicable taxes and any other applicable fees will be shown on your payment page before you are asked to confirm your order.
Sales and use taxes will vary and are determined based upon the geographical final destination to which products are shipped. Delivery charges and estimated sales and use taxes are not shown on the product pages and will be added to the product price, if applicable, after you have entered the shipping address.

Please note that changes to applicable laws between the date on which you place an order and the date on which your order is confirmed are possible. In the event of any such change, the amount of sales and/or use tax associated with your purchase will be adjusted accordingly.

Prices and availability of products are subject to change without notice. Errors will be corrected when discovered, and the Seller reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). In case that the stock of a given ordered item has been finished, the Seller will be only responsible for reimbursement of any deposit received for that item of Good.

 

WARRANTIES AND LIABILITY

It shall be the Buyer’s responsibility to verify that the Goods and the installation, assembly and use thereof comply with all applicable local building, safety and planning laws and regulations.

Any claim by the Buyer which is based only on any defect in the quality or condition of the Goods or their failure to correspond with the Order or specification shall be notified to the delivery personnel by the Buyer by writing the details of the claim on the delivery documents at the time of the delivery and by the Buyer notifying the Seller in writing on the day of delivery. Where the defect or failure was not apparent on reasonable inspection it shall be notified to the Seller within 8 days after discovery of the defect or failure.

Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to correspond with the Order or specification is notified to the delivery personnel or the Seller in accordance with these Conditions, the Seller shall, at its option, be entitled to repair or replace the Goods as soon as reasonably practicable free of charge, or at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability vis-à-vis the Buyer. All such refunds will be made by electronic transfer less any bank charges to the bank account nominated by the Buyer in writing.

Except as expressly provided in these Conditions or other agreement between the Buyer and the Seller, all warranties, conditions or other terms implied by statute or common law are excluded from the Contract to the fullest extent permitted by law.

The Seller’s total liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) vis-à-vis the Buyer in respect of any breach of these Conditions, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, shall be limited to the price of the Goods paid or payable by the Buyer.

 

RETURN OF GOODS

The Buyer may cancel the Order until DZE send the order confirmation. After an order is confirmed, returns are not accepted, unless product is defective or was damaged in transit.

 

RISK OF THEFT, LOSS AND/OR DAMAGE

The risk of damage to, theft and/or loss of an item shall pass to a purchaser and/or person to which an item is delivered by DZE upon confirmation of delivery of such item by the shipping company / courier at the delivery address provided by you when placing an order. DZE disclaims any liability for any damage to, theft and/or loss of an item occurring at any time after the shipping company / courier has confirmed delivery of such item.

 

INDEMNITY

The Buyer agrees to indemnify and hold the Seller and the Manufacturer harmless from and against all losses, costs, proceedings, damages, expenses (including all legal costs and expenses) or liabilities howsoever incurred by the Seller as a result of any claim by a third party resulting from the Buyer’s purchase or use of the Goods in breach of these Conditions.

The Seller will attempt to notify the Buyer of any claim that it receives in respect of the Buyer’s use of the Goods sold to that Buyer, and the Buyer hereby will provide the Seller and the Manufacturer with full authority to defend, compromise or settle such claims if the Seller wishes to do so and at its sole discretion. The Buyer shall provide the Seller and the Manufacturer with all reasonable assistance necessary to defend such claims, at the Buyer’s sole expense.

 

INTELLECTUAL PROPERTY

Unopiù retains the exclusive property and reserves the Intellectual Property Rights regarding all documents published on the Online Platform and all the Goods produced by Unopiù and sold by DZE.

The Intellectual Property Rights in or relating to the Goods shall (subject to any existing third party Intellectual Property Rights in the Goods) remain exclusively the property of Unopiù and neither DZE, the Buyer nor any agent, contractor or other person authorized by Unopiù shall at any time make any unauthorized use thereof.

 

LIMITATION OF LIABILITY;DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF UNOPIÙ’S ONLINE PLATFORMS IS ENTIRELY AT YOUR OWN RISK. UNOPIÙ’S ONLINE PLATFORMS AND THEIR CONTENTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS. UNOPIÙ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ONLINE PLATFORMS, THEIR CONTENTS AND/OR WITH RESPECT TO ANY PRODUCT, INFORMATION AND/OR SERVICES SOLD AND/OR OTHERWISE PROVIDED THROUGH OR IN CONNECTION WITH THE ONLINE PLATFORMS. UNOPIÙ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH ITS ONLINE PLATFORMS.

NEITHER UNOPIÙ NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, PRINCIPALS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, THE “UNOPIÙ PARTIES”) SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, UNOPIÙ’S ONLINE PLATFORMS OR THE INTERNET. UNOPIÙ’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED AND NOT EXCHANGED SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE ONLINE PLATFORMS AND/OR TO RETURN OR EXCHANGE AN ITEM PURSUANT TO THE TERMS OF THESE TERMS AND CONDITIONS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS.

The materials contained in Unopiù’s Online Platforms Website are provided for lawful purposes only. Unopiù operates the Online Platforms for use in specific jurisdictions where Unopiù sells its products and services, and makes no representations and/or warranties that such materials are appropriate or available for use in other locations and/or jurisdictions. If you use Unopiù’s Online Platforms, you are responsible for compliance with applicable local laws depending on the jurisdiction in which you are located. By using Unopiù’s Online Platforms, you agree to defend, indemnify, and hold the Unopiù Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including reasonable attorneys’ and/or accountants’ fees and costs, arising out of or in connection with, or alleged to arise out of or in connection with, your use of Unopiù’s Online Platforms.

Notwithstanding any other provisions to the contrary contained herein or elsewhere, in the event that a limitation or exclusion of warranties and/or Unopiù’s liability as described above were held to be invalid and/or unenforceable, it is understood and agreed that Unopiù’s aggregate liability to you for any order whether in contract, tort (including negligence) or otherwise, shall in no event exceed one hundred percent (100%) of the price of the product(s) and/or services in your order.

 

DISPUTE RESOLUTION

These terms and conditions shall be governed by and construed in accordance with the laws of the state of connecticut without giving effect to its conflict of laws principles. Dze hereby agree that any dispute or claim arising out of or in connection with these terms and conditions, the products (and/or services) and/or your purchase of the products (and/or services) shall be settled exclusively by final and binding arbitration administered by the american arbitration association (aaa) in accordance with its commercial arbitration rules, unless the value of any such dispute, controversy and/or claim is less than five thousand and 00/100 dollars ($5,000.00) in which case such dispute and/or claim shall be settled exclusively in the small claims court(s) having jurisdiction over such matter. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the telephone consumer protection act, 47 u.s.c. § 227, or any other statute, regulation, or legal or equitable theory.

Arbitration of any controversy or claim arising out of or in connection with these terms and conditions, or the breach thereof, may be initiated by one party by sending a written demand for arbitration to the other party, which demand shall preclude any party hereto from initiating an action in any court (except as provided in subsection (a) above with respect to small claims and except as provided in subsection (c) below).

This demand shall specify the matter in dispute and request the appointment of an arbitration panel. The arbitration panel shall consist of a single neutral arbitrator appointed by the american arbitration association (aaa). The situs of the arbitration shall be norwalk, connecticut. The language of the arbitration shall be english. The arbitrator may grant any relief generally available in cases of similar nature available from a state or federal court of competent jurisdiction sitting in fairfield county, except that the parties voluntarily and irrevocably waive any claim in any forum to any award of punitive or exemplary damages. The arbitrator shall apply the substantive law of the state of connecticut without reference to its choice of law principles. The arbitrator shall limit the parties’ obligation to exchange information to relevant, admissible and probative evidence, and shall fashion procedures that reasonably limit the resulting costs and other burdens on the parties and on any non-parties. The final award shall be made within three (3) months of completion of the arbitrator selection. The arbitrator shall agree to comply with this schedule before accepting appointment. The arbitrator may extend this time limit once, for not more than a three-month period, if he/she makes a finding that such extension is necessary to serve the interests of justice. The arbitrator may award to the prevailing party its reasonable costs and attorneys’ fees; in the event the prevailing party is awarded less than one hundred (100%) percent of its claim(s), it may recover only that percentage of its reasonable fees and expenses that corresponds to the percentage of its claim(s) awarded by the arbitrator, net of any award granted against it. Judgment on the award rendered by the arbitrator shall be final and binding upon all of the parties hereto and may be entered in any court of competent jurisdiction.

Consent to jurisdiction; waiver of jury trial. Without in any way limiting (a) and (b) above, in the event that an action is brought to enforce any arbitration award, each of the parties hereto: (i) consents to submit itself to the personal jurisdiction of the courts of the state of connecticut, located in fairfield county, or the united states district court for the southern district of connecticut, to the extent that such court would have subject matter jurisdiction with respect to such dispute; (ii) agrees that it shall not attempt to deny or defeat such personal jurisdiction or venue by motion or other request for leave from any such court; (iii) agrees that it shall not bring any action relating to these terms and conditions or any of the transactions contemplated by these terms and conditions in any court other than such courts; (iv) agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to a party at its address set forth herein, or at such other address of which a party shall have been notified pursuant thereto; (v) agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law; and (vi) you agree that you and Unopiù are each waiving the right to a trial by jury and the right to participate in a class action. You and Unopiù are each responsible for each party’s respective costs relating to counsel, experts and witnesses, as well as any other costs relating to the arbitration. Unopiù, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other a case management fees (“administrative fees”); provided, however, if the claim is deemed by the arbitrator to be frivolous, then Unopiù will not pay any portion of your administrator fees.

This arbitration agreement does not allow class arbitrations even if the procedures or rules of the a would allow same. Rather, you and Unopiù are only entitled to pursue arbitration on an individual basis. Further, and unless you and Unopiù agree otherwise in writing, the arbitrator may not consolidate more than one (1) individual party's claims with any other party's claims, and may not otherwise preside over any form of a representative or collective proceeding.

 

FORCE MAJEURE

DZE and/or Unopiù shall not be liable for delays in performance or for non-performance due to acts of God; war; fire; flood; weather; sabotage; strikes or labor disputes; civil unrest, disturbances and/or riots; governmental requests, epidemics, pandemics, government mandated closures, lockdowns and/or “pause”, restrictions, allocations, laws, regulations, orders or actions; unavailability of or delays in transportation; unavailability and/or shortages of products; default of suppliers; material fluctuations in the exchange rate between the U.S. Dollar and the Euro; and/or unforeseen circumstances or any events or causes beyond DZE’s or Unopiù’s reasonable control. Deliveries or other performance may be suspended for an appropriate period of time or canceled by DZE upon notice to you in the event of any of the foregoing.

 

MISCELLANEOUS

No Resale

You shall not re-sell or divert any goods purchased from DZE through Unopiù’s Online Platforms to any third party.

Non-Assignment

These Terms and Conditions may not be assigned or delegated by you, in whole or in part, without the express written consent of DZE.

Severability

If any provision of these Terms and Conditions shall be held invalid or unenforceable by competent authority, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of these Terms and Conditions shall not affect the other provisions hereof and these Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provision were omitted.

No Amendment; Waiver

No amendment or modification of these Terms and Conditions shall be binding unless it is in writing and signed by a duly authorized representative of DZE. The failure of DZE to exercise rights hereunder may in no case be interpreted as a waiver of any rights hereunder nor shall it deprive DZE of the right thereafter to insist upon strict compliance with such term or any other term of these Terms and Conditions. For the avoidance of doubt, no alleged waiver by DZE shall be enforceable unless it is in writing and duly signed by an authorized representative of DZE.

Binding on Successors and Assigns

These Terms and Conditions shall be binding upon and inure to the benefit of your permitted successors and assigns.

No Third-Party Rights

These Terms and Conditions create no third-party rights between DZE and any person other than you. It is understood and agreed that the parties hereto do not intend that any third party be a beneficiary of these Terms and Conditions.

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