Terms & Conditions
This website, Didarabocchi.com, as well as any and all associated websites, mobile sites, and mobile applications
or apps (collectively referred to as the “Website”) is operated by
[ZIGZAGAME Inc., Address: NT Building 11F, 1-47-1, Oi, Shinagawa-ku, Tokyo, Japan] (“us/we/our”).
We offer the Website, including all information available from the Website, to you conditioned upon your acceptance
of all the terms, conditions, policies and notices stated herein. Your continued use of this Website constitutes
your agreement to these Terms of Use. If at any time you do not agree to these Terms of Use, please do not use this
Website or make any purchases.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS,
LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
NOTICE OF ARBITRATION: THESE TERMS REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY BINDING ARBITRATION, WHICH
MEANS THAT YOU AGREE TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION ANY DISPUTE RELATED TO THE WEBSITE, ANY
TRANSACTION BETWEEN YOU AND US, THESE TERMS OR OUR PRIVACY POLICIES RATHER THAN PROCEEDING IN COURT, EXCEPT FOR
SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.
YOU MAY NOT ORDER PRODUCTS OR OTHERWISE USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT
LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S
CONTENTS BY APPLICABLE LAW.
You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable
laws, rules, and regulations. You shall not use the Website in a way that may cause the Website to be interrupted,
damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way
impaired. You agree not to attempt any unauthorized access to any part or component of the Website.
1. Intellectual Property Ownership and Use of the Website
You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property
rights in all material or content contained within this Website shall remain at all times vested in us or, in the
cases where we are using such material or content under authority from a third party, in the owner of such material
or content.
We grant you the limited right to access and make use of the Website as our customer. However, you shall not: (a)
reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade
dress, trademark, logo or other content (“Website Content”) for any commercial purpose; (b) use a robot, spider or
data mining or extraction tool or process to monitor, extract or copy Website Content; (c) use any meta tags, search
terms, key terms, or the like that contain the Website’s name or our trademarks; (d) engage in any activity that
interferes with the Website or another user’s ability to use the Website; (e) modify, create derivative works from,
reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services
offered on the Website; or (f) assist or encourage any third party in engaging in any activity prohibited by these
Terms of Use.
You shall not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written
permission.
Unauthorized vulnerability testing of any kind is strictly prohibited. You are prohibited from performing or
attempting to perform any vulnerability testing on the Website or systems, including but not limited to: penetration
testing; vulnerability scanning; security auditing; exploitation of any security vulnerability; reverse engineering,
decompiling, or disassembling any part of our services; accessing or modifying data that does not belong to you
Unauthorized activities can compromise the integrity, availability, and confidentiality of the Website, systems and
user data, and may violate applicable laws. Engaging in such actions may result in the immediate suspension or
termination of your access, legal action, and other consequences. If you believe you have identified a potential
vulnerability, you should report it to us at customersupport@didarabocchi.com.
All Website Content and all materials and content contained within the Website, including but not limited to the
text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website,
are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright
laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our
express written permission.
2. Errors and Inaccuracies
We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
3. Changes to Website or These Terms of Use
Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the
Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any
third party for any modification to withdraw or withdrawal of the Website or any portion of it.
We may alter these Terms from time to time, and your use of the Website (or any part of the Website) following such
change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to
determine whether the Terms have been changed. If you do not agree to any change to these terms then you must
immediately stop using the Website.
The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any
part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4. General Terms and Conditions of Sale
A. General Terms.
These Terms and Conditions of Sale and applicable Return and Exchange Policy (collectively, the "Terms and
Conditions of Sale") apply to all actions relating to registration, purchase, and use of information and services
provided through our online store (the “Store”) operated via the website , Didarabocchi.com. In this section, the
terms “Product” or “Products” refers to items sold directly by the Company through the Store.
The Store is intended for customers purchasing Products for personal use. Purchasing Products on the Store for
commercial resale is strictly prohibited. By placing an order for a Product on the Store, you represent and
warrant that you are purchasing the Product for personal, non-commercial use, and that you do not intend to resell
it or them, directly or indirectly or use them for commercial purposes.
Customers must be adults with the legal capacity to enter into binding contracts. If a minor wishes to purchase
Products through the Store, the consent of a parent or other legal guardian is required for both the purchase and
acceptance of these Terms and Conditions of Sale.
For each order you place on the Store, you are required to accept these Terms of Use in effect as of the date of
such an order. Each transaction shall be governed by the Terms and Conditions of Sale and the Terms of Use
generally which are in effect at the time the order is placed.
Nothing on the Website constitutes a binding offer to sell you any products described on the Website or to make
such products available in your area. We reserve the right at any time after receipt of your order to accept or
decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order
confirmation or after your credit card has been charged. Products on the Website are subject to availability for
purchase by final customers. To preserve product quality and integrity, we reserve the right to limit the quantity
of items purchased destined for a single customer or delivery address. The prices displayed on the Website are
quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price,
we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of
whether the order has been confirmed or your credit card charged. If your credit card has already been charged for
the purchase or you have already paid for the products and your order is canceled, we will issue a full refund to
your credit card account or will otherwise refund any money you have paid for such cancelled products.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price
charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed
after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such
taxes and charges will be added to your total price and will be itemized in your shopping cart and in your
confirmation e-mail. We strive to display accurate price information, however we may, on occasion, make
inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the
right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such
occurrences.
B. Accounts Registration and Management
In order to place orders and purchase Products from the Store, you may be required to create an account for the
Store (“Account”) by following the prescribed procedures on the Store. Minors may not create an account without
the prior consent of a parent or legal guardian. When there is an order for an item from a minor’s account, such
order shall be deemed to have been made with the consent of the minor’s parent or legal guardian.
You must register accurate and verifiable personal information that can be used to confirm your identity and allow
communication with us. Each individual may register only one account. If it is found that multiple accounts have
been created using the same or similar personal information, or that a single account is being used by multiple
individuals, we may request identification documents and, depending on the circumstances, delete the relevant
account(s).
You shall be responsible for carefully managing and safeguarding your account information, including your
password. Your account information must not be assigned, bought or sold, transferred, lent, disclosed or otherwise
shared with any third party. You shall bear sole responsibility for maintaining the confidentiality and security
of your own account, as well as for all activity conducted through it. You shall notify the Company immediately of
any actual or suspected security issues related to your own account by e-mailing us at
customersupport@didarabocchi.com.
To the extent permitted by applicable law, the Company shall assume no responsibility whatsoever for damage
resulting from unauthorized use of your own account.
If any of the following items apply, the Company reserves the right to reject any account registration:
- 1)It becomes evident that the applicant for the account registration has previously violated any terms or conditions related to the services the Company provided in the past, and such violation resulted in cancellation of their member registration or similar actions;
- 2)It becomes evident that the information provided in the registration application is false or misleading;
- 3)It becomes evident that the applicant for the account registration previously failed to pay fees, etc., for the service the Company provided in the past, that items were undeliverable for an extended period of time without reasonable cause, or that their return or exchange for a product was refused or there was some other default of obligation;
- 4)It becomes evident that the applicant has engaged in prohibited conduct in violation of applicable terms in the past; or
- 5)The Company reasonably determines that accepting the registration would be inappropriate for the operation or management of its services.
You are required to promptly update your account details if any of the registered information changes.
C. Product Listings
We take reasonable efforts to ensure that the photographs of the Products shown on the Store accurately reflect
the actual appearance of the Products, including colors, designs, etc. However, depending on the technical
characteristics of your device, such as screen resolution or color rendering, slight differences in color,
texture, or appearance may occur.
The dimensions of the Products listed on the Store are approximate, and the actual Product delivered to you may
differ slightly in color, fabric, or design from the images displayed.
D. Product Availability and Purchase Quantity Limits
You acknowledge that the availability of Products is limited and agree that the Company must confirm stock
availability at the time your order is placed. The Product may not always be available, such as when multiple
customers place orders for the same item simultaneously. If the Product cannot be secured, we may cancel the
portion of the order relating to the out-of-stock Product or terminate the order, in which case, if payment has
already been completed, we will promptly initiate a refund. Please note that the refunds will be processed through
your credit card company or the platform used for the payment, and the timing of the refund may vary depending on
the policies and procedures of each credit company or platform.
If your order includes both in-stock and out-of-stock Products, the portion of the order for in-stock Products
will remain valid and will continue to be processed.
To ensure a fair distribution or certain Products, we may impose purchase quantity limits per customer without
further notice. If an order exceeding such limits is submitted, we reserve the right to cancel the entire order or
the portion exceeding the limit.
E. Cancellation of Orders and Termination of the Sales Contract
The Company may cancel an order, even one that has already been concluded, or take any other appropriate measures if any of the following circumstances apply or if the Company reasonably determines that any of them apply:
- 1)All or part of the ordered Product(s) is out of stock (whether permanently or temporarily);
- 2)There was an error in the price of the ordered Product(s), including any incorrect pricing displayed on the Store;
- 3)The selected payment method has been declined;
- 4)The information you provided is found to be false or incomplete;
- 5)You fail to make payment as required under these Terms and Conditions of Sale;
- 6)There is an ongoing dispute between you and the Company relating to a past order;
- 7)There is reasonable suspicion of involvement in illegal or fraudulent activity (including, without limitation, suspicious billing or shipping information, a mismatch between credit card details and customer information, etc.);
- 8)Shipping restrictions apply to the Product(s);
- 9)The Company is unable to process your order for reasons not attributable to the Company;
- 10)You are found to have engaged in unauthorized or improper purchase (such as purchasing items for resale, purchasing for profit, or making purchases on behalf of a third party without proper authorization, or misrepresenting yourself as a third party, etc.), or the Company reasonably determines, based on objective grounds, that such activity has occurred.
The Company’s decision to cancel or terminate an order shall be final and binding. The Company has no obligation to provide reasons for such cancellation, termination, or measures. If payment for the relevant order has already been processed, you will receive a refund. Any damages, losses, or disadvantages incurred by the customer as a result of the cancellation or termination will be handled in accordance with these terms.
F. Payment Methods
Prices on the Store are displayed in US dollars (USD) or in the local currency applicable to your region. We
reserve the right to change the prices of Products on the Store at any time without prior notice.
The total amount payable for the Product includes the purchase price of the Product, the applicable shipping fee,
and estimated duties and import taxes that are expected to be imposed on the Product by the destination country.
These estimated duties and import taxes, including value-added tax (VAT), will be used to cover the costs for
importing the Product to the destination country. We will make reasonable efforts to ensure that our estimates of
said duties and import taxes are accurate. However, please understand that these amounts are estimates and not
guaranteed, as actual duties and import taxes may vary depending on factors such as customs classifications,
regulatory changes, or applicable tax rates between the order date and the date of import. If the estimated duties
and import taxes charged to the customer are higher than the actual amounts imposed by relevant authorities, we
will refund the difference to the customer. Conversely, the customer will not be required to pay the difference if
the actual duties and import taxes are higher than the estimated amounts collected.
Refunds for overpaid duties and import taxes will be processed only after we receive and verify the final invoice
or official confirmation from our designated logistics provider or the relevant customs authority. Once the actual
amount is confirmed, we will initiate the refund and endeavor to complete it within approximately two months.
However, depending on customs procedures, delays in reporting by carriers or logistics partners, or other factors
beyond our control, confirmation may take longer than the above-mentioned time. In such cases, refunds cannot be
issued until the actual amount has been finalized.
Unless otherwise explicitly stated at the time of purchase or required by applicable law, customers are
responsible for any other additional charges or fees imposed by the destination country in connection with the
import or delivery of the order, which are not included in the purchase price of the Product, applicable shipping
fees or estimated duties and import taxes. For more information , please also refer to the relevant section of our
FAQs.
The method of payment shall be limited to credit cards under your name, Apple Pay, or Google Pay or any method
that we may choose, in our sole discretion, to implement in the future.
Customers who make payments by credit card shall be subject to the terms and conditions stipulated in their
separate contracts with their respective credit card companies. In the event of any dispute arising between a
customer and a credit card company in connection with the use of a credit card, the customer and the credit card
company shall be solely responsible for resolving said dispute.
By placing an order, you represent and warrant that you are the rightful owner of the credit card used for the
purchase or are authorized to use such card, and that the credit card information entered at the time of purchase
(including but not limited to the card number, expiration date, and, if applicable, security code) is accurate.
The Company is not responsible for verifying your ownership of the credit card or the accuracy of the information
provided.
When making payment by means other than a credit card (such as Apple Pay or Google Pay), you represent and warrant
that you are the rightful owner of the payment account or are authorized to use it. The Company is not responsible
for verifying your ownership or authorization of the account.
All credit card holders and payment account holders are subject to verification and authorization by the card
issuer or the payment service provider. If the card issuer or payment provider refuses to authorize payment, or if
the payment transaction for the Product cannot be completed for any reason, the Company may choose not to ship the
Product. In such cases, the Company shall not be liable for any delay or failure in delivery. Furthermore, the
Company is not obligated to inform you of the reason for such a refusal of authorization.
The Company shall not be responsible for any fees or other charges applied by the card issuer, bank, or payment
provider in connection with the processing of payments through your credit card or other payment method.
If your credit card or payment method is not denominated in the currency displayed on the Store at the time of
purchase, the final amount charged may be converted and charged in the currency of your card or account. The final
amount will be calculated by your card issuer, bank, or payment provider and may include additional fees. The
Company shall not be liable for any costs, expenses, fees, or other charges incurred as a result of currency
conversion or charges in a currency different from the one displayed on the Store.
The Company will ship the Product only after full payment has been received. If, for any reason, payment cannot be
successfully completed, the order will be canceled or terminated, and the Product will not be shipped. In such
cases, the Company will notify you accordingly.
G. Shipping of Items
The Company will make reasonable efforts to ship Product within five (5) business days following the order is
received and confirmed (excluding Saturdays, Sundays, Japanese national holidays and New Year holidays). For
orders that include pre-order items, the Company will make reasonable efforts to ship the relevant Product around
the estimated delivery date displayed on the relevant Product page and/or in the shopping cart. Delivery will be
handled by a carrier designated by the Company in its sole discretion. Please note that precise delivery dates
cannot be specified or guaranteed.
The Company shall not be liable for any loss, damage, cost, or expense incurred by you as a result of delays in
delivery due to unforeseen circumstances beyond the reasonable control of the Company or its delivery partners.
The shipping cost to the destination will be displayed on the relevant pages of the Store. Separate orders will be
shipped individually. Please note that multiple orders cannot be combined into a single shipment, even if they are
addressed to the same address.
We reserve the right to refuse to process or deliver any order addressed to a P.O. box, hold-for-pickup location,
or freight forwarding service. We may also decline to process or deliver orders placed by customers suspected of
not being individual consumers purchasing for personal use (e.g., individual traders, corporations or other legal
entities). If delivery of Product ordered cannot be completed due to reasons attributable to the customer (such as
long-term absence, an incorrect forwarding address , customer’s refusal to accept delivery, or the customer’s
failure to collect the shipment within the courier’s storage period) (“Refusal, etc.”), the Company will attempt
to contact the customer for confirmation. If the Company is unable to reach the customer, the order may be
cancelled or the Sales Contract may be terminated. In such cases, the Company will refund the price of the
Product, minus the round-trip shipping costs, handling fees, and any other costs incurred by the Company. However,
for custom-made or otherwise non-resalable Products, the customer may be required to pay the full amount of the
Product price, in addition to the above-mentioned shipping costs, handling fees, and any other costs. Please note
that the Company may also decline to accept future orders from the same customer in cases of unjustified Refusal,
etc.
The Company shall bear no responsibility whatsoever for any delay or failure in the delivery of the Product if the
shipping address provided in the order form is inaccurate, inappropriate, or incomplete.
Except in cases of willful misconduct or gross negligence on the part of the Company, the customer’s sole remedy
in the event of non-delivery due to damage, loss, or other issues occurring during shipment shall be the
cancellation of the order or termination of the Sales Contract, and a full refund of any amounts already paid to
the Company for the relevant order.
Title to the Product shall transfer to you upon completion of delivery. Except where attributable to the Company,
you assume all risk of loss or damage to the Product from the time delivery is completed. If the Product is lost
or damaged before delivery is completed, and such loss or damage is not attributable to you, the Company will
offer a refund in accordance with this Article in case of loss, or an exchange in accordance with the following
paragraph in the case of damage.
H. Returns and Exchanges
Upon receiving the Product, please inspect the packaging to ensure that it is properly sealed and not damaged or
wet. Please also confirm that the Product delivered matches your order and that there are no defects or
discrepancies from the product description on the Store.
If the Product ordered from the Store is found to be defective or incorrect, you may request an exchange within 30
days from the date of delivery, provided that the Product has not been used and the process for sending the
Product back is carried out in accordance with our Return and Exchange Policy. In such cases, we will bear the
cost of shipping the Product back to us and sending the replacement Product.
For more details, please refer to our Return and Exchange
Policy located at https://didarabocchi.com/en-us/pages/return-and-exchange.
I. Free Gift Campaigns
From time to time, we may offer promotional campaigns where customers receive a complimentary item ("Free Gift")
when placing an order that meets specific conditions, such as a minimum purchase amount. We reserve the right to
launch or terminate such campaigns at any time without prior notice. The applicable Free Gift, eligibility
criteria, and duration of such campaigns are determined at the sole discretion of the Company and may vary by
promotion.
Free Gifts are offered in limited quantities and are available on a first-come, first-served basis while supplies
last. The Company does not guarantee the availability of any Free Gift. Once the available stock is exhausted, the
campaign shall automatically terminate. Customers cannot select or request specific Free Gifts unless otherwise
stated in the campaign terms. In the event that a campaign is terminated while Free Gift stock remains, the
campaign shall only apply to orders accepted by the time of termination.
Free Gifts provided under the bonus campaign are provided as-is and are not eligible for return, exchange or
replacement on their own for any reason, including but not limited to defects or incorrect shipments. If you need
to exchange a purchased item, any Free Gifts that were included with the item on arrival do not need to be
included in the package you send back, unless otherwise specified by the Company.
The details of the Free Gift, including its contents, eligibility requirements and any other applicable
conditions, may vary depending on the campaign. For more information, please refer to the specific campaign
announcements and applicable terms and conditions displayed on the Store during the campaign period. In the event
of any violation of the applicable terms and conditions, we reserve the right to void any gift, disqualify the
offender from future campaign participation or take any other necessary measures.
Any additional terms or conditions for a specific Free Gift campaign will be outlined separately and shall take
precedence over this section in case of discrepancies
J. Prohibited Acts
By using the Website, you agree that you shall not engage in any of the following acts:
- 1)Acts that violate these Terms and Conditions of Sale or any applicable law, or that contravene public order and morality;
- 2)Infringing or potentially infringing any intellectual property or other rights of the Company, its licensors, or any third party;
- 3)Providing false or misleading information, or impersonating any person or entity;
- 4)Using the Store or its services for commercial or business purposes;
- 5)Copying, selling, publishing, distributing, or publicly disclosing any Content obtained through the Website, except for personal use permitted based on Terms and Conditions of Use of the Website or Terms and Conditions of Sale;
- 6)Engaging in or facilitating any criminal activity (including but not limited to fraud or illegal sales);
- 7)Unlawful access to the Company’s systems, distribution of viruses, use of macros or automated tools to cheat, or any other act that disrupts or may disrupt the normal operation of the Company’s services;
- 8)Engaging in conduct that may adversely affect minors or undermine the Company’s reputation;
- 9)Engaging in or aiding money laundering, terrorist financing, or any act that raises suspicion of such conduct;
- 10)Any other acts similar to the above acts that the Company reasonably deems to be illegal, improper, or irrational.
If the Company determines that your conduct falls under any of the prohibited acts set forth in the preceding
paragraph, the Company may, without prior notice, take any or all of the following measures at its discretion:
restrict your use of the Website or Store; cancel or terminate your orders; revoke your Account; or take any other
measures the Company deems appropriate and reasonable.
If it becomes evident that you have carried out any prohibited act and, as a result, the Company or a bona fide
third party suffers damage, you shall bear all liability and responsibility for such damage, including
compensation.
K. Sales and Shipping
We will arrange for shipment of the products to you using a shipper of our choice. You will pay all shipping and
handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our
transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be
guaranteed. We are not liable for any delays in shipments.
You are responsible for complying with all of the applicable laws and regulations in your country, including the
laws and regulations regarding the import of products into your country. You will be the importer of record of
products shipped to you from outside of the country to which such products are shipped. By placing an order, you
acknowledge that for any products shipped to you from outside of your country, you are importing the products in
your order for non-commercial (personal) use. You agree that we may appoint a subcontractor (e.g. carrier/customs
broker) on your behalf as your unpaid agent for customs purposes by executing a power of attorney applicable to a
single non-commercial shipment.
For products imported into the United States, your order serves as your electronic signature indicating your
agreement to the following statement: “The designated carrier/customs broker is hereby authorized to execute, as
an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930,
as amended, the consignee’s and owner’s declarations provided for in section 485 (a) and (d), Tariff Act of 1930,
as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains
a true and complete statement of the facts concerning the shipment.”
You are responsible for any and all taxes, duties, and fees that may be due in relation to your order. Your
authorization permits the carrier/customs broker to act as your agent with the relevant customs and tax
authorities in the destination country, to clear your merchandise, process and remit any taxes, customs duties and
fees levied by the destination country.
For a multiple product orders, we will attempt to ship all products contained in the order at the same time.
Products that are unavailable at the time of shipping will be shipped as they become available. You will only be
charged for products contained in yout shipment, plus any applicable shipping charges. You will only be charged
for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be
applied to the first product(s) shipped on a multiple shipment order.
Your order will ship as it becomes available, and our order processing company will make reasonable efforts to
ship your order as quickly as possible. In the event that a Product sells out and there are no current plans to
restock it, it will be removed from the Website and new orders will not be processed. In the event that an order
is inadvertently processed for such a Product, You agree that your sole remedy will be a full refund, which we
will endeavor to process promptly.You will be informed of any products that you have ordered which may otherwise
be unavailable for immediate shipment. We cannot guarantee when an order will arrive. Consider any shipping or
transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid
delays caused by shipping or product availability.
We will endeavor to charge you for all applicable sales taxes; however, it is your responsibility as the customer
to report any purchases of tangible personal property that has not been taxed by us and pay the sales or use tax
on those purchases unless exempt under applicable law.
At this time we may be unable to ship orders to General Delivery, P.O. Boxes, APO, FPO, U.S. Territories, and
certain other countries and territories. Orders made to any of these addresses will be canceled. The delivery
address of your order must match the country site in which you place your order. Orders made from a different
country site than the delivery address will be automatically canceled. Please select the correct country site for
your order from the link in the corner of every page.
5. Account and Password Security
You are solely responsible for maintaining the confidentiality of your user login and password, if any, and restricting access to your account from any unauthorized users.
6. User Content and Obligations
In order to use our Website, you agree to provide true, accurate, current and complete information about yourself
and to maintain and promptly update such account information. If you provide any untrue or inaccurate information,
or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or
terminate your account and refuse all current and future use by you of our Websites.
Account information and certain other information about you are subject to the terms of our Privacy Policy.
The Website contains or may in the future contain various interactive portions that allow users to post content on
our Website (“User Content”). We have no obligation to actively monitor the User Content our users post on our
Website, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the
content of any User Content. All User Content expresses the views and opinions of the user and does not necessarily
reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User
Content, for any reason whatsoever.
By using this Website, you agree that:
- You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
- You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
- You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
- You have the full right, authority, and permission to post and distribute all user content you submit.
- You are the sole creator of all user content, or if you are not the sole creator, you have obtained written consent from any third parties who have created or helped create such user content to allow you to submit such user content to the website.
- All persons featured in any user content have provided you with their consent to allow you to submit such user content to the website.
- Any and all proposals, designs, concepts, photographs, testimonials, and other content or materials that you submit to the Company (hereinafter, collectively "Submitted Materials") shall not be considered confidential. By providing such Submitted Materials, you grant the Company a royalty-free, unrestricted, perpetual, worldwide, irrevocable, and non-exclusive license to use all or part of the Submitted Materials for purposes of advertising, promotion, product development and sales, including but not limited to reproduction, publication, disclosure, distribution, and other forms of use (including use on the Internet). Please note that you will not be entitled to any compensation for such use.
- The Company is under no obligation to acknowledge receipt of the Submitted Materials, to respond to any submission, or to use any of the Submitted Materials.
- You represent and warrant that your Submitted Materials do not infringe any third party’s rights, including but not limited to copyrights, trademark rights, patent rights, trade secrets, rights of privacy, or any other personal or proprietary rights.
User Content becomes public information. You should be very careful about posting personally identifiable
information such as your name, address, telephone number or email address. If you post personal information online,
you may receive unsolicited messages from other users in return.
If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a
royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User
Content, and in any other media, now known or hereafter devised.
If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not,
and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that
there are risks, including the risk of physical harm, when dealing with strangers or people acting under false
pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through
the Website.
This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of
age to submit any User Content to our Website.
If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an e-mail to
customersupport@didarabocchi.com. Please provide us with
detailed information about the nature and location of the
alleged objectionable material so that we may easily locate and investigate the same.
This Website may contain links to third-party websites or offer products and services in collaboration with
third-party providers. By accessing or using those third-party sites or services, you acknowledge and agree that
such interactions are governed solely by the terms of use and privacy policies of the respective third parties. We
are not responsible for the content, policies, or practices of any third-party websites and disclaim all liability
arising from your use of them. We encourage you to review the applicable terms and policies before engaging with any
third-party site or service.
7. Product Authenticity and Intellectual Property Rights
We warrant that all Products offered for sale on the Store are genuine “DIDARA BOCCHI” Products. You acknowledge
that the sale of “DIDARA BOCCHI” Products by the Company is conducted solely through the Store on the Website, which
may be accessible only in specific countries. If you choose to purchase “DIDARA BOCCHI” Products from any other
source, you do so at your own responsibility, including any risk regarding product authenticity.
The trade name “DIDARA BOCCHI” and any other text, logos, trade dress or related trademarks, figurative or
non-figurative, associated with “DIDARA BOCCHI,” as well as any illustrations or images appearing on the Website or
in connection with “DIDARA BOCCHI” Products and related accessories or packaging (whether registered or not) are the
exclusive property of the Company. Any reproduction, modification, alteration, or unauthorized use, in whole or in
part, of these trade names, illustrations, images, or logos, for any reason, is strictly prohibited.
All information and content on the Website and the Store, including but not limited to logos, text, data
compilations, graphics, icons, images, photographs, audio clips, sounds, music, software, and any combination
thereof (collectively, the “Content”), as well as all copyrights, patents, utility model rights, trademark rights,
design rights, and all other intellectual property rights or rights to register such rights in the Content, belong
solely to the Company or its licensors, and do not belong to you. Except as otherwise provided in these Terms and
Conditions of Sale or Terms and Conditions of Use, you shall not reproduce, distribute, repost, transmit, publicly
transmit, modify, adapt, or otherwise make secondary use of any portion of the Content, regardless of whether such
Content is subject to intellectual property rights.
8. Infringement Notices
We respect the intellectual property rights of others and require that our users do the same. If you believe your
work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise
infringed or violated by anything on the Website, please notify us via e-mail at customersupport@didarabocchi.com.
In order for us to more effectively assist you, the notification must include all of the following:
- A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work or other rights you claim have been infringed or violated;
- Information reasonably sufficient to locate the jurisdiction(s) in which the intellectual property is registered;
- the material in question on the Website;
- Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
9. Disclaimers of Warranties
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE
WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY,
CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN
ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE
WEBSITE BY YOU.
10. LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS,
BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY
SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH
LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE MAY NOT APPLY TO YOU.
11. INDEMNIFICATION
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
12. GOVERNING LAW
You agree that any dispute and all other matters relating to or arising under these Terms of Use, any transaction made through this Website, our products and services, privacy policy, cookie policy, advertising, sharing of data or the Website in general, will be governed in accordance with the laws of the United States and the State of New York without regard to conflict of law provisions. You also agree that any dispute that is not subject to arbitration or eligible for small claims actions shall be decided exclusively by a court of competent jurisdiction located in Supreme Court, State of New York, County of New York or the United States District Court for the Southern District of New York and that you waive all objections to such jurisdiction and venue.
13. BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER
Informal Negotiations: To expedite resolution and reduce the cost of any dispute and all other matters
relating to or arising under these Terms of Use, any transaction made through this Website, our products and
services, privacy policy, cookie policy, advertising, sharing of data or the Website in general, you and we will
first attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or
court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under
this Section is your physical address or email address that you have provided to us. Our address for such notices is
customersupport@didarabocchi.com.
ARBITRATION AGREEMENT:Except as otherwise stated below, any dispute and all other matters relating to
or arising under these Terms of Use, any transaction made through this Website, our products and services, privacy
policy, cookie policy, advertising, sharing of data or the Website in general, shall be resolved through final,
binding arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a
breach of contract, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any
other legal theory. Both you and we specifically acknowledge and agree to waive your right to bring a lawsuit based
on such claim(s) or dispute(s) and your right to have such lawsuit resolved by a judge or a jury.
This Arbitration Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et seq.). Any arbitration
will be commenced and administered by JAMS under the rules of JAMS, including JAMS Consumer Arbitration Minimum Standards .
Provided JAMS’ criteria are met by the nature of the dispute, the arbitration shall be conducted under JAMS Streamlined
Arbitration Rules & Procedures. Each party will pay the fees for his/her or its own attorneys, subject to any
remedies to which that party may later be entitled under applicable law. However, if you are unable to pay JAMS’
costs, we may elect to pay all arbitration fees and expenses. If JAMS is unavailable, unwilling, or otherwise unable
to administer an arbitration in accordance with these rules, the arbitration shall be administered by NAM (National
Arbitration and Mediation) pursuant to NAM’s rules for consumer arbitration. If NAM is unavailable, unwilling, or
otherwise unable to administer an arbitration, the parties shall mutually agree upon a mediator or ask a court of
competent jurisdiction to select one.
The arbitrator shall have the same authority to award relief on an individual basis that a judge in a court of law
would have. The award of the arbitrator is final and binding upon both you and us. Additionally, the arbitrator, and
not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating
to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that this
sentence shall not apply to the Class Action Waiver provisions described below. The arbitrator will render a
decision in writing. A court of competent jurisdiction shall have the authority to enter judgment upon the
arbitrator’s decision/award.
Any challenges or issues relating to the enforceability of these arbitration and class-action waiver provisions
shall be decided in the first instance by the arbitrator. This Arbitration Agreement will survive the termination of
your relationship with us.
Excluded Disputes. You and we agree that the following Disputes are excluded from this Arbitration Agreement:
(1) any dispute, claim, or controversy arising out of or relating to an alleged violation of a party’s intellectual
property rights, including but not limited to claims of patent, copyright, trademark, or trade secret infringement.
This category of claims and disputes shall be resolved through litigation in a court of competent jurisdiction,
rather than through arbitration; (2) individual claims brought in small claims court; (3) any claim that an
applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
CLASS-ACTION WAIVER: To the fullest extent permitted by applicable law, you and we agree to bring any
claim or dispute, whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT
AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right or authority for any claim or dispute to be brought,
heard, or arbitrated as a class or collective action (“Class Action Waiver”). The arbitration will decide the rights
and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters
or joined with any other cases or parties. The arbitrator may award any remedy to which a party is entitled under
applicable law, but remedies shall be limited to those that would be available to a party in their individual
capacity. Regardless of anything else in this Arbitration Agreement and/or the applicable JAMS rules, the
interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a
court and not an arbitrator. This Class-Action Waiver will survive the termination of your relationship with us.
One-Year Time Limit to Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of
form, that may arise out of or related to these Terms or your use of the SITE, must be filed within ONE (1) YEAR of
the action, omission, event, or occurrence giving rise to the dispute, claim(s) or lawsuit. After the expiration of
the one-year period, such dispute, claim(s) or lawsuit will be time-barred and prohibited, without regard to any
longer period of time which may be provided by any period of limitation or pursuant to law or statute.
Waiver of Jury Trial. BOTH YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT
AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all
disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except
as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must
follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an
arbitration award is subject to very limited review.
Location. You may choose to have the arbitration conducted by video conference technology such as zoom or
based on written submissions. Otherwise, the location of the arbitration proceeding shall take place in the city or
state where you reside, unless each party agrees otherwise, or at another mutually agreed upon location.
Severability. If for any reason, any portion of these Terms, including this arbitration section, is found to
be illegal, void or unenforceable, that portion will be severed, and it shall not affect the validity and
enforceability of the remainder of these Terms which shall continue in full force and effect. This Dispute
Resolution section will survive the termination of your relationship with us.
14. Consent to Messaging
If you choose to provide us with your mobile number, you are agreeing to receive recurring automated promotional
and personalized marketing (e.g. cart reminders) text messages, including messages sent using an automatic telephone
dialing system Consent to receive automated marketing text messages is not a condition of any purchase. Msg
(message) & Data rates may apply. You can unsubscribe at any time. This consent shall include consent to send SMS or
text messages at any time of day.
We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total
number of messages sent. We also reserve the right to change the shortcode or phone number from which messages are
sent and we will notify you when we do so.
15. Investigations of Violations of These Terms
We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
16. Notice for California Users
If our Website or any of our services is deemed an “electronic commercial service” under California Civil Code
Section 1789.3, residents of California are entitled to know that they may file grievances and complaints with the
California Department of Consumer Affairs. Information on how to file a complaint can be found here –
https://www.dca.ca.gov/consumers/complaints.
We may be reached via e-mail at customersupport@didarabocchi.com. Please contact us with any
issues with our Website
that you have so that we may attempt to resolve such issues.
17. Miscellaneous
If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that
provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and
enforceability of any of the remaining provisions of the Terms of Use.
These Terms of Use and our Privacy Policies, and any other terms or agreements that may be posted on the Website (as
may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to
the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information
shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website
Agreements, you have not relied on any representation except insofar as the same has expressly been made a
representation in these Website Agreements, and you agree that you shall have no remedy in respect of any
representation which has not become a term of these Website Agreements.
You may send us notices or communicate with us by email at customersupport@didarabocchi.com. If you send us an email
that asks for a response, and you do not receive a response within ten (10) business days, please send us another
email as we may not have received your previous email. When you send an email to us, you are communicating with us
electronically, and you agree that we may communicate with you electronically. You acknowledge that communications
by e-mail are not considered confidential. Therefore, please do not send us any confidential information by e-mail.
Additional Terms and Policies
We may separately establish additional terms and conditions or policies for matters not stipulated in these Terms and Conditions of Sale. Any such provisions or policies will take effect once we post them in the location we designate, and they will be considered an integral part of these Terms and Conditions of Sale.
Inquiries
If you have any comments or inquiries regarding the Website, the Store, these Terms and Conditions of Sale, the ordering process and any other matters, please contact us via e-mail at customersupport@didarabocchi.com.
DATE LAST MODIFIED: November 24, 2025