- Copyright and Trademark Information
All elements related to Escapenomade.com are solely owned and operated by Esprite Nomade Ltd. All Web site and company elements within the Escapenomade.com site or in any other Esprite Nomade Ltd. venue, including but not limited to: design, text, logos, images, graphics, downloads and data in any form are the property of Esprite Nomade Ltd. or one our suppliers and are protected by United States and International copyright laws. The trademarks of Esprite Nomade Ltd., including the look and feel of our online store or any other business venue owned by Esprite Nomade Ltd. and our affiliates, may not be used without our written consent. Trademarks include but are not limited to the Esprite Nomade Ltd. name and logo, graphics, logos, page designs, button icons, scripts, product names or descriptions of Esprite Nomade Ltd. products, services, and programs, and those of our affiliates. All other trademarks that appear on this Web site are the property of their respective owners and are governed by their proprietary policies and the laws of the United States . As a customer of Esprite Nomade Ltd., we permit you to electronically print hard copies of our Web pages from this Web site with the sole purpose of placing an order or shopping with Esprite Nomade Ltd. Intentional or unintentional commercial use of any elements or information on the Seasonal Living Web site or relating to the Esprite Nomade Ltd. is strictly prohibited unless express permission is attained in advance.
Esprite Nomade Ltd. respects your privacy and we want you to understand the ways in which we do and don’t use the information you transmit when you visit our Web site or purchase from our Warehouse. The information gathered by Esprite Nomade Ltd. and Escapenomade.com falls into two categories:
(1) personally identifiable information voluntarily supplied by visitors to our Web site or Warehouse through optional registration or other methods and
(2) non-personally identifiable information routinely gathered as visitors navigate through our site or visit our warehouse.
- How Information Collected On Our Site Is Used and Shared
From time to time, we may share personally identifiable information with third parties whose marketing products and services we believe might be of interest to you, or who help us maintain our Web site.
If you would prefer that we do not share your information with third party marketers, please indicate on our Esprite Nomade Ltd. registration form that you’d prefer we not share such information with them. If you so indicate on our registration form, we won’t share information about you with anyone other than those identified when the information is collected. Parties that help us administer our site have access to users’ personally identifiable information. If you do not wish for our administrators to have access to your information, please do not register or submit any personal information to us.
At times, we might also contact you directly about our own or others’ products and services. If you’d prefer that we not do so, just indicate on your registration form that you prefer not to receive offers and information. And remember, you can always change your preferences or request that we delete your information.
In the unlikely event that all or substantially all of our assets related to the Esprite Nomade Ltd. Web site are transferred to another party, your personally identifiable information may be transferred to this acquiring entity. Finally, we may disclose your personally identifiable information to third parties in order to comply with law enforcement agencies, to protect our rights or the safety of our Web site, or to protect the safety or rights of other users of our Web site.
Periodically, we will mail you special offers, notices, and other relevant information about our merchandise. If you would prefer not to receive any mailings from us, please contact us via e-mail or fax asking us not to contact you unless it is regarding a specific product you are purchasing from us. Please contact us regarding any address changes and/or contact information if you wish to remain on our mailing list.
- Sales Terms and Conditions
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM ESPRITE NOMADE LTD.. READ IT CAREFULLY. NO OTHER TERMS APPLY. BY PLACING AN ORDER AND ACCEPTING THE PRODUCTS, YOU ARE AGREEING TO THESE TERMS.
- ENTIRE AGREEMENT
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional documents or terms that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s), which is subject to additional or altered terms and conditions, shall be null and void.
- ORDER ACCEPTANCE/ACCEPTANCE OF AGREEMENT by Customer
All orders of Products placed by the Customer with Esprite Nomade Ltd. shall be subject to acceptance by Esprite Nomade Ltd. Acceptance by Customer of Products shipped shall constitute full acceptance of these terms and conditions.
BY PLACING AN ORDER, THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THE FULL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Esprite Nomade Ltd. makes no warranties except those stated in the manufacturer’s warranty cards included with Products, or, in the case of optional extended warranties issued by Esprite Nomade Ltd., such extended warranty documentation.
ESPRITE NOMADE LTD. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION – IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- PRODUCT SPECIFICATION
Esprite Nomade Ltd. continually updates and revises Products. Esprite Nomade Ltd. may revise and/or discontinue Products at any time. Changes between what is shipped and what is described in marketing materials (ads, catalogs, specification sheets, etc.) are possible. Your Esprite Nomade Ltd. representative will communicate latest Product information if any order is received via telephone.
- SPECIAL ORDERS
We accept Special Orders for items not normally carried in stock. A minimum 50% deposit or full payment may be required. Deposits are non-refundable and orders are non-cancelable. We cannot accept returns on SPECIAL ORDER items. Lead times on SPECIAL ORDERS will vary. Please ask your Esprite Nomade Ltd. sales representative to confirm order lead times. While we maintain an extensive inventory in our warehouse, inventory of certain items listed on the Esprite Nomade Ltd. Web site or in its promotional materials may be limited and may not be available for immediate delivery.
All special orders require a 50% upfront charge. Special orders not paid in full but held after 30 days will be available for resale, with a 30% restocking fee incurred to the customer.
- ONLINE PURCHASES
Currently, Esprite Nomade Ltd. does not offer an online purchase program. Products and information displayed on the company’s Web site are intended solely to provide Customers with an indication as to the type and range of products sold. Customers may, however, inquire with Seasonal Living Trading Ltd. Company’s sales department about product specifications, pricing, etc. All financial transactions that take place between Esprite Nomade Ltd. and a Buyer will be separate to any information supplied on the Esprite Nomade Ltd.’s Web site. Only information and pricing supplied by the Sales Department will constitute the Terms for Sale.
- RESERVED MERCHANDISE
Esprite Nomade Ltd. may on rare occasions permit a prospective customer to reserve merchandise for a limited period of time (to be determined by Esprite Nomade Ltd). In the event that the customer does not place a deposit for the goods or pay for them in full after this reserved period of time has expired, Esprite Nomade Ltd retains the right to sell those goods to any other person / company.
- PAYMENT TERMS
Terms of payment are Full Payment at time of order or at Esprite Nomade Ltd.’s sole discretion and must be agreed prior to acceptance of an order. NO C.O.D. orders are accepted. Esprite Nomade Ltd. will charge credit cards upon order. Esprite Nomade Ltd. accepts MasterCard, Visa, and Discover. Esprite Nomade Ltd. accepts cashier’s checks and company checks. No personal checks are accepted. Esprite Nomade Ltd.’s payment terms are subject to change without notice at Esprite Nomade Ltd.’s sole discretion. Please note that all returned checks will result in all relevant banking fees being applied.
- CREDIT TERMS
We require approved credit in advance of an order being processed. Net terms of 30 days are only to be offered at the discretion and approval of Esprite Nomade Ltd. A finance charge of 1.5% will be charged to any balance not paid within 30 days. Habitually late customers may also find terms are suspended or stopped in the event that we do not receive payment as agreed. ALL initial orders require payment in full prior to delivery.
On occasion, Esprite Nomade Ltd.may at its sole discretion agree to store merchandise paid in full for a limited period of time. It is solely Esprite Nomade Ltd.’s right to determine the duration of the storage period. In the event that a customer does not return to Esprite Nomade Ltd.’s warehouse to collect the merchandise after the agreed upon date of the storage term, Esprite Nomade Ltd.reserves the right to:
- Charge the customer a packing fee (to be determined by Esprite Nomade Ltd. to store the merchandise. These charges are due in full upon the customer returning to collect the merchandise. Merchandise will not be released until all fees have been paid.
- Charge a monthly storage fee per item (prices to be determined by Esprite Nomade Ltd). All unpaid invoices may incur a late fee penalty to be determined by Esprite Nomade Ltd.. Merchandise will only be released to the customer once all storage and penalty fees fees have been paid in full.
Esprite Nomade Ltd. assumes no responsibility for any damage or loss to purchased merchandise stored beyond the agreed upon storage period. In the event that goods remain unclaimed for a period of 12 months from the purchase date, Esprite Nomade Ltd.reserves the right to sell and dispose of the purchased goods at its own discretion and no reimbursement will be given to the customer.
- RETURN POLICY/RA
Esprite Nomade Ltd.’s Satisfaction Guarantee program allows for Products purchased from Esprite Nomade Ltd. to be returned by Customer after obtaining a Esprite Nomade Ltd. return authorization number (RA) during the 15-day period following date of shipment for a store credit only (of purchase price actually paid). The RA number may be obtained from Esprite Nomade Ltd. Customer Support by contacting us through our Web site or by fax at +62 361 – 976630 This RA # must be noted on the outside of the returned Product’s container. Please return all merchandise in original NEW condition and original packing to avoid damage and to receive a full product refund. If the product was on a free shipping promotion, the purchase price less the shipping charges incurred will be refunded. When returning any item please:
- Contact Esprite Nomade Ltd. in advance for pre-authorization and an RA#.
- Repack the merchandise as you received it (on a pallet if shipped on a pallet).
- Send the merchandise back with shipper prepaid as you would for any other direct mail order.
- Credit for your purchase will be approved once we have received, inspected for damage, use, etc. and processed the returned item(s).
Shipping and handling is not refundable. Damaged and missing parts are non-returnable. Allowable returns will be charged a 30% Restocking Fee. A photocopy of your invoice must accompany your return. RAs are valid for only 15 days from issuance. Customer shall be responsible for and prepay all shipping charges and shall assume all risk of loss or damage to Product while in transit to Esprite Nomade Ltd.’s return address. If Customer returns Product to Esprite Nomade Ltd. (A) without an RA# from Esprite Nomade Ltd. or (B) beyond the 15-day period or (C) without proper packaging, Esprite Nomade Ltd. retains the right to either refuse delivery of such return or charge Customer an adjusted Restocking Fee. All sales are final after 30 days.
- ORDER/SHIPPING ERROR
If you receive a package in error or receive the wrong Product(s), please contact us within 48 hours of receiving the package to arrange for a pickup and re-shipment of the correct Products with no charge for shipping. It is the customer’s responsibility to make sure the ordered Product is correct. Return freight is non-refundable for improperly placed orders.
- SHIPPING/HANDLING/RISK OF LOSS
Shipping is FOB Bali, Indonesia unless otherwise agreed between both parties. Product prices do not include shipping and handling. Esprite Nomade Ltd. will use its discretion in selecting a reputable carrier and appropriate means of shipment. Esprite Nomade Ltd. will determine the type of container and arrange for suitable packing of goods for transportation and delivery. Risk of loss or damage to Products in transit is Customer’s. In the event of Product damage or loss during transit, it is the responsibility of Customer to file a claim with the carrier. Goods are to be inspected upon tender by Buyer. Failure to inspect upon delivery by carriers to Buyer shall constitute waiver of Buyers’ rights of inspection and shall be equivalent to acceptance of the goods.
To ensure that you have a valid claim against any damage encountered when receiving goods from Esprite Nomade Ltd .using the pre-designated Esprite Nomade Ltd. shipping company, all visible signs of damage to the shipment must be notified on the Shipping Company’s Bill of Lading form (in the presence of the shipping company’s delivery driver) and all concealed damage claims need to be made in writing within 24 hours of receipt including photos. Seasonal Living Trading Ltd. Co accepts no responsibility for any damage to goods shipped via alternative means. Claims for shortages must be made within five days after receipt of goods. Seller’s responsibility for shipment ceases after delivery of goods to the transportation company. No allowance is made for freight overcharges.
Esprite Nomade Ltd. may deliver according to the terms stated herein at the location designated by the Buyer. In the event Buyer authorizes access through adjacent properties for delivery, Buyer is required to obtain permission from the owners of such adjacent properties for such use and Buyers agree to hold Seller harmless for any liability or damages incurred as a result of the use of such adjacent properties.
- INSTALLATION and ASSEMBLY
Installation and assembly shall be the responsibility of the Buyer and Buyer shall be responsible for all necessary water, gas, and electrical hookups including, but not limited to, providing all necessary lines, adapters, and or necessary parts needed to install product.
- TITLE TO PRODUCTS
Title to Product(s) passes from Esprite Nomade Ltd. to Customer upon shipment from the facility.
- LIMITATION OF LIABILITY
ESPRITE NOMADE LTD.’S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL ESPRITE NOMADE LTD. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICEs SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. ESPRITE NOMADE LTD. SHALL NOT HAVE ANY LIABILITY TO OTHERS FOR INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Prices do not include any sales, local or similar taxes. Customer is responsible for import duties
- CUSTOMER/TECHNICAL SUPPORT
Esprite Nomade Ltd. expects its technical support people will be able to handle problems involving Esprite Nomade Ltd. Products. However, Esprite Nomade Ltd.’s support people may not be able to understand or resolve a particular problem. While Esprite Nomade Ltd. may be able to assist you and may make recommendations, they are NOT authorized to vary or waive this disclaimer. Purchasers must determine for themselves the suitability and compatibility of the products in each and every particular instance.
- VENUE/GOVERNING LAW/WAIVER OF JURY TRIAL
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Indonesia . The parties hereby waive trial by jury with respect to any dispute relating to this Agreement or customer’s order. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, at the election of the initiating party, shall be adjudicated either by the courts of the State of Texas or the United States of America Western District Court for the Western District of Texas, where applicable, or by arbitration in Austin, Texas, in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction and venue or venue as provided above. Each party agrees to personal jurisdiction in any of these forums for dispute resolution and will not challenge the service of process, the legal authority or the jurisdiction of any proceedings.
- ATTORNEYS’ FEES
In any action or proceeding between or among the parties hereto to interpret or enforce any of the provisions hereof, the prevailing party shall, in addition to any other award of damages or other remedy, be entitled to reasonable attorneys’ fees and costs.
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
- FORCE MAJEURE
Esprite Nomade Ltd. shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Esprite Nomade Ltd. Quantities are subject to availability. In the event of shortage, Esprite Nomade Ltd. may allocate sales and deliveries at its sole discretion.
Failure of Esprite Nomade Ltd. to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
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