Terms of Sale

DITA.COM – TERMS OF SALE

These Terms of Sale, as amended from time to time, govern all sales of DITA products to customers in the United States carried out through the online store webpages at DITA.com (“Website”). These terms apply in addition to the Terms of Use. This Website is operated by DITA, INC., (“DITA,” “we” “our,” or “us”). If you want to purchase products through the Website, you must agree to these Terms of Sale.  

Table of Contents:

NOTE: Arbitration Provision

These Terms of Sale include a binding arbitration agreement, which provides that certain disputes between you and DITA will be resolved through binding individual arbitration and will not be decided by a jury or judge.

Orders Accepted

We only accept orders that originate from customers in the designated countries from our navigation selection. We reserve the right to reject any orders at our sole discretion.

Price, Payment And Taxes

The essential characteristics and the price of each product are displayed on the Website. The information displayed on the Website does not represent a binding offer by DITA. An order is not accepted until confirmed by DITA. The contract between you and DITA for the purchase of products from DITA, Inc. is executed upon receipt by you of an order confirmation sent to you via the email at the address provided to you by DITA at checkout. By submitting your order via the Website, you agree to pay the purchase price for the product(s) you selected plus shipping and handling costs if you select expedited shipping, and applicable duties and/or taxes, if any. Your debit or credit card will be charged in this amount at the time you submit your order.

Delivery

We will deliver the product(s) you purchased to a common carrier at our warehouse in California for shipment to the destination you selected. You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse in Ireland. We have selected a carrier with an excellent shipping record which we believe provides a high level of protection.

Cancellations And Returns

We do not accept any cancellations or returns, except as specified in our Return Policy or required by applicable law. You bear all risks of loss and damage to the returned product(s) from the time you ship the product(s) until we receive the product(s) at our warehouse in Ireland.

Warranty Limitation

You must bring warranty claims within one year of purchase under our limited warranty statement.

Governing Law

The laws of the State of California govern these Terms, as well as any dispute, claim, or controversy that may arise between you and DITA, without regard to conflict of law principles and excluding the UN Convention on Contracts for the International Sale of Goods (CISG); except that all of the arbitration provisions in these Terms shall be governed exclusively by the United States Federal Arbitration Act. 

Arbitration of Disputes

ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU, ON ONE HAND, AND DITA, INC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS , ON THE OTHER HAND, ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE BREACH, TERMINATION, OR VALIDITY THEREOF, AND/OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS OF SALE, WILL BE SETTLED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION UNDER THE RULES AND AUSPICES OF JAMS OR ITS SUCCESSOR.  Judgment on the award of the arbitrators may be entered by any court having jurisdiction to do so.  No joinder of other claimants’ claims or class claims in arbitration shall be permitted.   Any controversy about whether a dispute is subject to arbitration shall also be determined solely by arbitration as specified above. Any legal proceeding permitted to be filed in a court by these Terms of Sale shall be brought and heard only in a state or federal court located in Orange County, California; all parties waive any right to have any such court proceeding brought or heard in or transferred to any other location; and you hereby consent to personal jurisdiction in such courts.Further information about JAMS and the arbitration rules can be found on the JAMS website here.

Class Action Waiver

You and DITA agree that each may bring a dispute against the other only in an individual capacity and not on behalf of any class of people. You and DITA agree not to participate in a class action, a class-wide arbitration, claims brought in a representative capacity, or consolidated claims. You and DITA agree not to combine a claim subject to arbitration under these Terms of Sale with a claim that is not eligible for arbitration. 

General Terms

Changes

We may change the content on our Website and these Terms at any time, at our sole discretion, by publishing changes on the Website or otherwise notifying you. If we make material changes to these Terms of Sale we’ll post a prominent notice of these changes on our Website and send you a notice of these changes by email if you have provided us your email address. If you continue using the Website after such notice is provided, you accept the new Terms.  However, You will not be bound by any changes to the arbitration provisions in these Terms without your affirmative consent

Severability

If any provision of these Terms of Sale is determined to be invalid, illegal or unenforceable, such provision shall be upheld to the fullest extent legally permissible and the remaining provisions of these Terms of Sale shall remain in full force and effect. Nothing herein is intended to override mandatory laws to the extent they cannot be contractually altered or modified.

Entire Agreement

These Terms of Sale, our Terms of Use, and any additional terms that we may specify on the “Checkout” page or on our order confirmation shall constitute the entire agreement between you and us with regard to the subject matter hereof, and supersede any prior agreements or understandings.

Contact Information

Contact Information

This Website is operated by DITA, INC., Address: 1 Columbia, STE130, Aliso Viejo, CA 92656 (“DITA”); Phone (888) 245-2202; Email: support@dita.com.

Last updated August 12, 2021.