Terms of service
TERMS & CONDITIONS
Welcome to EDIKTED and thank you for shopping with us. We want to ensure that you have the best shopping experience possible, that is why we believe it's important for you to be aware and carefully understand all our terms and conditions when purchasing from our website. By ordering on our Website, you are agreeing to be bound by these Terms & Conditions, which constitute an agreement between Edikted LLC and you.
IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS TO RESOLVE CLAIMS. PLEASE SEE THE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) FOR COMPLETE DETAILS AND REVIEW CAREFULLY. PLEASE READ THESE ENTIRE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. These Terms and Conditions incorporate by reference our website Privacy Policy, and any capitalized terms in that agreement shall have the same meaning here.
PURCHASE ORDERS
In the process of placing an order (and upon our request), you must provide us with all your full and accurate information in order to receive your goods. Our fulfilment of your order relies on you providing us with correct information, including correct delivery address and delivery instructions Occasionally, you may be asked to provide additional details upon our request to ensure that your order gets to you safely.
If you enter an incorrect address, Edikted will not be obliged to re-send the products included in the order to the correct address at our own expense. Please note, that Edikted reserves the right to review and cancel orders at any time.
PURCHASE PRICE
All prices quoted on the Website or pursuant to your enquiry with us are listed in US Dollars (USD). All costs relating to international orders will be calculated via our integrated currency converter. The actual international currency conversion rate can vary depending on the bank you are with. We reserve the right to vary the prices displayed on the Website from time to time, in accordance to our discretion and without any obligation to a notice.
PAYMENT
Edikted accepts payment via credit card (Visa/Mastercard) and Paypal. Once processing a payment, you will receive an email confirming the receipt of your order.
SECURITY
The safety of all your information provided is at the utmost importance to us. Therefore, we provide you with a very safe and stress-free online shopping experience. We use the highest grade Secure Sockets Layer (SSL) encryption to transmit your personal and credit card details. This means reliable security and privacy. SSL is a sophisticated method of scrambling data as it travels from your computer to our website servers. Under no circumstances do we store your credit card information details, so consumer confidence and satisfaction is assured when shopping with us.
CONSENT
By agreeing to these Terms and Conditions, you also consent to receive further electronic communications from us in relation to Edikted, including information relating to products, promotions, special offers and or any other commercial message. Of course, you may at any time, opt-out from receiving electronic commercial messages from us. This is done by following the instructions on the bottom of any email or just informing us that you no longer wish to receive electronic messages, using the Contact Us link on our website.
PROCESSING OF ORDERS
All purchases are processed on business days, which are Monday to Friday and exclude public holidays. We will provide you with a tracking number once we have shipped your order to you.
CANCELLATION OF ORDERS
Edikted may cancel your order if for any reason we are unable to fulfil it (in whole or in part).
In this situation, we will contact you should this occur. Additionally, failure to provide additional details upon request may result in cancellation and refund of the order. We will not provide you with compensation in these situations, for any loss of time or inconvenience, which may result from such cancellation.
As we rely on third parties to expedite your delivery of your order, you will, unfortunately, be unable to cancel your order, once it has been processed.
PRODUCTS MISSING FROM AN ORDER
Should a Product be missing from an order when received, please contact us directly at hello@edikted.com, with the order number, product name and code, and we will make the appropriate investigations.
RETURN OF PRODUCTS
Any return of Products to us by you will be governed under our Returns Policy.
LOCAL DUTIES & TAXES
As Taxes and local duty cost vary from location, by purchasing the goods, you authorize Edikted to import the goods on your behalf and to charge you with the applicable duties & taxes in addition to the purchase price of goods (including, sales tax or customs). Further, by purchasing the goods, you agree that Edikted may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker).
SPAM STATEMENT
Edikted complies with all obligations under any relevant US Spam legislation and regulations.
For that purpose, we have created an internal policy to educate staff and implement clear guidelines and rules in relation to the spread of commercial electronic messages. In addition, we assure you that we will not use address-harvesting software for any reason whatsoever.
You may also at any time unsubscribe from any mailing list to which you have previously subscribed. You can do this by following the instructions on the bottom of any email, or just let us know, using the Contact Us link on our website.
To help us comply with our obligations, we request your assistance with the following:
- If you receive an unauthorised commercial message, which appears to originate from an Edikted email address, please assume that it has been sent in error and notify us immediately by using the Contact Us link on our website.
- Please ensure that you unsubscribe from any of the Edikted mailing lists if you choose to no longer receive electronic commercial messages from Edikted or its contracted third parties.
TERMS OF USE
Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (our Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.
We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
Our services
Please be aware that sometimes, websites can have interruptions and undergo construction periods, therefore, we cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.
Prohibited conduct
In relation to the Website, you must not:
- Use the Website for any activities post, or transmit via the Website, any information or materials which breach any laws or regulations, infringe third parties’ rights, that are contrary to any relevant standard or codes;
- Use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet;
- Use the Website to send unsolicited email messages;
- In any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via the Website; or
- Attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Intellectual Property
The materials on the Website, including the software, design, text, images, videos and graphics, and the selection and layout of the Website are owned or under license by Edikted and protected by international IP laws.
Your use of the Website does not grant you a licence or act as a right of the use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the Website, without the express written permission of the trademark owner.
We own the copyright, which subsists in all creative and literary works that are displayed on the Website.
You may view the Website and its contents using your web browser. When visiting the Website, you may make a temporary copy of the Website through the usual operation of your web browser only.
You are strictly prohibited from (i) reproducing or using any of the material on the Website for commercial purposes, including sales; (ii) in any way modifying any material on the Website, or (iii) cause any of the material on the Website to be framed or embedded in another website. In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way, except as expressly provided for by us or expressly authorised in writing by us. If you commit any of the above acts, we will not hesitate to enforce our intellectual property rights against you.
Third-party links
The Website may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content you see from these external links. We provide the hyperlinks for your convenience only and do not indicate any endorsement, sponsorship or approval by us of a Linked Website or the products and services offered at Linked Websites. You visit Linked Websites entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations concerning the suitability of goods and/or services offered to you via a Linked Website.
Indemnity
By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Disclaimer
Applicable consumer protection laws and regulations may grant you with rights and remedies relating to the provision of goods or services to you, by us via, the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and concerning the Website:
- All material on the Website is provided to you without warranties of any kind, either express or implied;
- We disclaim all warranties of any kind including, but not limited to, warranties of acceptable quality and fitness for a particular purpose;
- We can not guarantee that the functions contained in any material on the Website, or your access to the Website will be uninterrupted or error-free. We can not guarantee that any defects will be corrected, or that the Website or the server which stores and transmits material to you, are free of viruses or any other harmful components; and
- We do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damages, costs or expense, whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
We do not exert control over users of the internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
Limitation of Liability
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the costs of replacing the goods or acquiring equivalent goods; or the payment of the costs of having the goods repaired.
Termination
At our discretion, the Terms of Use are effective until terminated by us, we may do so at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use, and limitations of liability set out in the Terms of Use, will survive.
Miscellaneous
It is your responsibility to stay up to date with the Terms of Use. If we suffer loss or damage, incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not explicitly granted in the Terms of Use are reserved.
If we do not act with regard to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
Applicable Law
All matters relating to the Website or App and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed under the laws of the State of Delaware. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Delaware and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
In the event of any dispute or claim involving intellectual property, or in the event the arbitration described below is not available or upon mutual agreement of both parties to waive arbitration, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution
PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION (INCLUDING SUBSECTIONS) CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS.
THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION APPLY TO ANY AND ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND EDIKTED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY EDIKTED AND/OR TO THESE TERMS AND CONDITIONS; CLAIMS THAT AROSE BEFORE THESE TERMS AND CONDITIONS OR ANY PRIOR VERSION OF THESE TERMS AND CONDITIONS; CLAIMS THAT ARE OR WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING PURPORTED CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.
The provisions of this Dispute Resolution section apply to you and Edikted and its affiliates and related entities. This entire Dispute Resolution section shall survive termination of this agreement or the parties’ relationship or the end of your use of the Website.
MANDATORY INFORMAL PRE-SUIT RESOLUTION
Edikted values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a Claim, you agree to first send a detailed notice (“Notice”) to Edikted by email at hello@edikted.com within the applicable statute of limitations. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for Edikted to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.
Likewise, Edikted agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. Edikted’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.
You and Edikted agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Edikted request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and Edikted agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating in good faith in this Mandatory Informal Pre-Suit Resolution process.
CLASS ACTION WAIVER; JURY TRIAL WAIVER; WHERE PERMISSIBLE, CLAIMS SHALL BE BROUGHT IN COURT ON AN INDIVIDUAL BASIS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND EDIKTED AGREE THAT ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. You agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. Class actions, private attorney general actions, and other consolidated actions are not allowed. Claims regarding the enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”
WHERE PERMISSIBLE, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Claims must be brought in court, and only on an individual basis in accordance with the Class Action Waiver. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the Parties mutually waive their right to have their Claim decided by a jury.
Solely in the context of arbitration, and as specified in the Arbitration Clause subsection below, if any court or arbitrator determines that this Class Action Waiver is void, unenforceable, or that an arbitration can proceed on a class basis for any other reason, then the Arbitration Clause set forth in this Dispute Resolution section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.
ARBITRATION CLAUSE
In jurisdictions where applicable law prohibits the Class Action Waiver from applying to Claims brought in Court, the CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT.
THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION CLAUSE. BY AGREEING TO ARBITRATION, YOU AND EDIKTED ARE NOT LIMITING IN ANY WAY EITHER OF OUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF US WOULD BE ENTITLED TO IF OUR CLAIM WERE INSTEAD BEING HEARD IN A COURT.
ANY ARBITRATION WILL BE ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION (“NAM”) AND GOVERNED BY NAM’S APPLICABLE RULES (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by these Terms and Conditions. You may obtain a demand form to initiate arbitration as set forth in the NAM Rules available online at www.NAMADR.com, by emailing NAM at commercial@namadr.com, or by requesting them in writing at the Notice address; this demand form, along with a certification under penalty of perjury of compliance with the Mandatory Informal Pre-Suit Resolution process, must both be personally signed by the party initiating arbitration (and their counsel, if represented) and a copy must be sent to Edikted. You and Edikted agree that any counsel representing a party in arbitration must comply with the requirements of Federal Rule of Civil Procedure 11(b), and that the arbitrator may impose any sanctions against all appropriate represented parties and counsel if he or she determines a claim is frivolous.
The arbitration shall occur through the submission of documents to one arbitrator. If the Arbitrator determines that a hearing is necessary, the hearing shall be conducted remotely by telephone or video conference. If the Arbitrator determines that an in-person hearing is necessary, the hearing will take place in the United States county where you live or work or such other location agreed upon by both parties. You and Edikted will select an arbitrator or hearing officer(s) after commencement of the action in accordance with NAM’s rules and procedures.
If you and Edikted cannot submit a joint pre-hearing and hearing schedule, each party will submit their own schedule to NAM. You and Edikted will submit a joint pre-hearing and hearing schedule to the hearing officer(s) within the earlier date of (a) 7 days prior to the hearing or (b) 14 days following the arbitrator’s appointment the arbitrator’s appointment. If only one schedule is submitted, that schedule will be delivered to the arbitrator for his or her consideration. The arbitrator may adopt the schedule submitted by one party in the absence of a competing or joint schedule.
Payment of all filing, administration and arbitrator fees will be governed by the NAM rules and applicable fee sheet, as determined by NAM. All issues relating in any way to arbitration—including the applicability, scope, and enforceability of the arbitration provisions of these Terms and Conditions—are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s decision on all procedural and substantive issues is binding only between you and Edikted and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
You and Edikted shall each be limited to a maximum of one (1) fact witness deposition per side, unless we agree otherwise or the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the Claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.
In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending party's favor, or in the other party's favor but is less than the defending party's settlement offer, then the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim may be entitled for the cause of action under which it is suing.
SPECIAL PROCEDURES FOR MASS FILINGS
To the extent an arbitration falls within NAM’s definition of a mass filing, you and Edikted agree to the additional procedures set forth below and in NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms). Any applicable limitations period (including statute of limitations) shall be tolled beginning when the Mandatory Informal Pre-Suit Resolution process is initiated, until the Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
Counsel for each side shall select 25 Claims (50 Claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless you and Edikted agree otherwise in writing. No administrative fees will be assessed in connection with any remaining Claims, unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, you and Edikted shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge, unless the parties agree otherwise.
If the remaining Claims are not resolved at this time, counsel for the parties shall each select an additional 25 Claims per side (50 Claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. This process shall continue, consistent with this staged process set forth above in this subsection, by administering and moving forward a maximum of 50 individual arbitration proceedings at a time until the parties are able to resolve all of the Claims, either through settlement or arbitration.
NOTWITHSTANDING THE PROVISIONS HEREIN, IN MASS FILINGS CONSISTING OF MORE THAN 50 CLAIMS TOTAL, EITHER PARTY MAY OPT OUT OF ARBITRATION AND ELECT TO HAVE THE CLAIMS HEARD IN COURT.
A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the allocation of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use.
EXCEPTIONS
Notwithstanding the parties’ agreement to resolve all Claims through arbitration (i) either you or Edikted may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or Edikted may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or Edikted. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.
Time Limits
To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Notice (defined above) is sent. To the extent a Claim is filed in court or arbitration without first providing such Notice (which would be contrary to these terms, as set forth above), the Claim is deemed commenced at the time of such filing.
Discounts and Promotion Codes
Discount codes are one-time use only and exclude cosmetics and gift cards.
Edikted’s Giveaways Terms & Conditions
If you participate in Edikted’s promotions, contests and giveaways (the “Giveaways”) you fully accept these general terms and conditions of Edikted and you acknowledge and confirm, by participating, that you fulfil all eligibility requirements.
ELIGIBILITY
If you are under the age of 18 you will have to obtain the approval of your parents or legal guardians to enter to the Giveaways. If you are resident of a jurisdiction which prohibits giveaways or restricts any aspect of the relevant Giveaway, you are prohibited from participation. Edikted may request, at any time, to provide proof of age and/or identity and/or proof of such approval and/or proof of residency. Any participant which will not prove eligibility as requested, may be excluded from the relevant Giveaway.
DATE OF GIVEAWAYS
The Giveaways shall start and close on the date specified on Edikted’s posts on the relevant social media channels (e.g., Instagram, Tik Tok, etc., each one shall be referred hereunder as the “Channel”). Entries after the closing date will not be considered and will be disqualified from participation in the Giveaways. It is hereby clarified that neither Instagram nor TikTok (nor any other social media Channel) will be accountable for or affiliated with any Giveaway being held by Edikted and will not bear any liability in relation to such Giveaways.
HOW TO ENTER
The Giveaways post on the applicable Channel will explain the entry procedure. Unless specifically mentioned, there is no entry fee and no purchase necessary to enter the Giveaways. Each eligible participant may insert multiple entries, but is only eligible to win one prize, if chosen, unless explicitly stated otherwise in the relevant post. By entering a Giveaway, you will not be eligible to receive any prizes awarded in any other Giveaway unless you enter each Giveaway separately.
THE WINNER
The winner will be chosen at random from all eligible entries. The winner will be notified by DM on the relevant Channel from Edikted’s account within five business days after the closing date of the Giveaway. Edikted reserves the right to change place and time of the announcement or to extend or shorten the period of the Giveaway, without prior notice, at its discretion. If the winner cannot be contacted or do not claim the prize within 48 hours, Edikted reserves the right to withdraw the prize from the winner and pick a replacement winner. Edikted’s decision in respect of all matters to do with the Giveaway will be final and shall not be subject to review or appeal by any entrant or by any third party.
In any Giveaway based on a choice of winner in accordance with Edikted’s discretion, an independent panel of judges will choose (at its sole discretion and in accordance with criteria determined by it), winner that will meet in the best way, the criteria set in the Giveaway post, all in accordance with the committee’s sole and absolute discretion.
PRIZE
The promotional prize shall be as indicated on the relevant post. The prize is as stated and no cash or other alternatives will be offered. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
In case the prize is in the form of site credit, the prize shall entitle the winner to purchase on Edikted’s website (www.edikted.com), in one of the following forms: website credit, gift card, or any other form that Edikted shall decide, at its sole discretion and subject to the winner creating an account on Edikted’s website. The prize will be awarded in US Dollars or at its equivalent value in the local currency of the winner, according to the currency exchange rate at the end of the announcement date.
The prize is for personal use only. You may not alter, give away or exchange for other goods. Receiving the prize depends on the participant’s eligibility.
The Winner shall be entitled to exercise the prize within 30 days from the date such participant received notice of win via a direct message sent to its Channel’s account. If the winner did not respond in a timely manner and/or provided relevant details and/or it was decided that the participant is not an eligible participant and/or has violated these terms & conditions or the Terms of Use of the relevant Channel or any applicable law, Edikted will be able to disqualify the participant at its discretion, and in such case, the first winner’s entitlement shall be null and void and such winner shall have no claim and/or demand against Edikted with respect to it.
THE CONTENT
In case of a Giveaway Entry requiring certain content to be uploaded or posted by participants, the following shall apply: Edikted reserves the right to deny the Winner from receiving their prize in case of a felony or fraud of any kind whatsoever, including, the use of an already published video content to the Giveaway’s post or content which is not original in any way.
Each participant shall be solely liable for its content and declares that the publication of such content is in no way harmful to any third party, including, in accordance with the applicable laws of defamation and/or copyrights and/or privacy and Edikted shall be exempted from verifying the aforesaid. The participant shall be solely and fully responsible for any damage that may be caused as a result of the publication of its content or its participation in the Giveaway and by participating, each participant undertakes to compensate and reimburse Edikted, immediately upon Edikted’s first demand, for any damage, loss, charge, or expense that may be caused to or imposed on Edikted as a result of such publication of content or its participation.
Edikted reserves the right to erase or edit any content that will be published by any of the participants, including offensive and brutal content, advertising or spam content, or any other content that is considered harmful or inappropriate under these terms & conditions, Terms of Use of the relevant Channel and/or Edikted’s account in the relevant Channel, and reserves the right for disqualification of a participant, all in accordance with the Edikted’s sole discretion.
PERSONAL DATA
Each winner agrees that, by participating in a Giveaway, Edikted may use the winner’s details in any manner and in any medium for its promotional purposes without additional approval or compensation being required, including posting a winners’ list, Channel’s post and/or Channel’s stories (including by sharing participant’s content), tagging the winner’s accounts on the relevant Channels or publishing its location and/or photo, at Edikted’s sole discretion. Edikted reserves the right to publish the announcement of the winner and the aforesaid information in any additional media platform, site, or Channel of choice. By participating in the Giveaway, each participant waives any claim with respect to the aforesaid.
LIMITATION OF LIABILITY
By entering the Giveaway each participant agrees to release, discharge and hold harmless Edikted, its legal representatives, respective officers, directors, employees and agents from any damages whatsoever suffered or sustained in connection with the Giveaway or the acceptance of the prize.
GENERAL TERMS & CONDITIONS
These terms & conditions are the formal contract between Edikted and the participants, for all intents and purposes. These terms & conditions sum up the rights and obligations of the participants and Edikted, and by participating in the Giveaway, each participant agrees and declares that it has read and understood these terms & conditions, accepts the provisions included in them and undertakes to act in accordance with them, and understand that even without reading, it is hereby obligated to all the terms & conditions, for all intents and purposes.
Edikted reserves its right to cancel the Giveaways at any times or change the provisions of the terms & conditions at its sole discretion and such change shall have immediately effect upon the publication thereof. In addition, on the Giveaways as well as any use of prize in the form of site credit or Edikted’s products, Edikted’s general terms and conditions herein shall apply.
Without derogating from the provisions of these terms & conditions and any applicable law, Edikted reserves the right to deny the Winner from receiving their prize in case of a felony or fraud of any kind whatsoever, including, the use or tag of a fraudulent account. In addition, Edikted shall have the right to eliminate participants for any reason, to its sole and absolute discretion, in any case of a participants that will not cooperate with Edikted and/or and will not give Edikted full details in order to exercise the prize and/or will sabotage the Giveaway and/or the Giveaway’s operation and/ or other participants in any way and/or will use a Channel account that may raise the concern of being commercial of fake and/or operate through an application or any other participation means (including Bot, Script, Crawler, etc.).
Each participant declares that he/she is aware that despite all efforts invested in the various systems, these systems are not full proof of errors or faults, including due to human errors and/or technical difficulties (e.g., errors that prevent the posting of certain video clips, changes of the Giveaway’s dates, etc.). If for any reason (including due to a technical or a human error), a video clip is not published and/or the detail of a participant or a possible winner and/or a wrong winner shall be announced (one or more), Edikted will not bear any liability and the participants shall have no right or claim against Edikted with respect to the Giveaway.
The participation in the Giveaway and the exercise of the prize are in the exclusive responsibility of each participant and/or winner and Edikted shall not be liable for any damage, including personal damage (direct and/or indirect), loss or expense that may occur to a participant and/or a winner due to any matter related (directly and/or indirectly) to the Giveaway and/or the prize and/or its exercise.
Without derogating from the generality of the aforesaid, it is hereby declared that the participation in the Giveaway by the participant is for the sole purpose of entertainment and/or winning the prize and that in any case, such participation shall not give the participant and/or the winner and/or whomever on their behalf any right or claim related directly or indirectly to the Giveaway, its conduct, its result and anything related to it.
Edikted may, for whatever reason and to its sole discretion, immediately or with a notice, to cease the Giveaway and/or to amend these terms & conditions and/or change the prize of the Giveaway. In such an event, Edikted will publish an announcement with respect to such event, in the manner these terms & conditions were published. It is agreed that such announcement shall be deemed as appropriate and sufficient, and the participants and/or winner waive any claim with respect to such changes and/or announcement.
In any event of contradiction or discrepancy within these terms & conditions or other publishing in any media platform and/or the relevant Channel’s Terms of Use, the provisions of these terms & conditions shall prevail.
BUY 1 GET 1 (BOGO)
The BOGO promotion offers a discount based on the lower-priced item among the qualifying items in the purchase. This discount is proportionally distributed to each item, resulting in a reduction of the value of each item accordingly. In case of a return, the refund value will be the original purchase price of the item minus the discount it received proportionally.
Shipment Protection