Please read carefully the Terms & Conditions. By using this website you acknowledge that you are bound by these Terms & Conditions and all applicable terms thereto. Should you disagree with these terms, please refrain from using this website.
In as much as this document is drafted in the plural, it should be construed in the singular, and vice versa.
The following Terms & Conditions (hereinafter: Terms & Conditions) apply solely when you use the following Dolphin Express, Inc. (hereinafter: Dolphin Express website, applications and online services (hereinafter: the Website). Dolphin Express, Inc. is a corporation incorporated under the rules of the U.S. State of New Jersey, the main place of business of which is located at 473 Mundet Place, Hillside, NJ 07205, and at its website, dolphinexpress.com . These Terms do not whatsoever amend or nullify any condition or contract into which you have already entered with Dolphin Express for the provision of products and/or services. Should you be using this website for any other entity, you hereby declare and confirm that you are eligible to accept these Terms & Conditions and to agree thereto in respect to this entity and that this entity agrees to compensate you and Dolphin Express, Inc. for violations of the Terms & Conditions.
Personal / Commercial Export / Import as well as Interstate Services: Shipping Services as outlined in article 5 herein that Dolphin Express enables its customers to purchase.
- Product / Service: any item offered for sale on the website
- Website: www.dolphinexpress.com
Notification of unilateral amendment of Terms & Conditions –
- Dolphin Express reserves itself the right to change and/or amend the Terms & Conditions appearing on the Website and/or any and all Website policies and instructions, at its convenience and at its sole discretion. Dolphin Express undertakes to inform you once Terms & Conditions are changed via email or by publicizing the new/amended on the Website and putting up a notice on these changes on the Website.
- Any change or amendment will come into effect immediately once the change/amendment is publicized on the Website, and will apply to all Websites and actions or failures taking place after the change/amendment had come into force.
- You hereby waive any demand for receiving a personal message on any such change or amendment.
- Your continuing to use the Websites following the publication of changes or amendments confirms your agreement to such changes or amendments.
- You are therefore required to periodically acquaint yourself with the Terms & Conditions to understand and become aware of the Terms & Conditions applying to you.
- Should you disagree to the new/amended Terms & Conditions you will be disbarred from further use of the Website and must refrain from such use.
Please contact [email protected] should you have any questions on the use of the Websites.
Personal Export Service –
- Your account: When shipping via Dolphin Express, you will be asked to open an account as part of the services purchasing process. You are responsible for the safety of your username and password and hold full responsibility for any activity taking place in your account. Should you misplace and/or forget your username and/or password, a new one can be generated on the Website; alternately, write to [email protected], and we will provide the necessary data by email.
- U.S. address: Dolphin Express will provide you with a Hillside, NJ address, to which all orders you place will be sent.
- Receipt and shipping services: You will be provided shipping services that include packing, storage, and shipment to your country of destination, by Dolphin Express.
- Charging: As a user of the Personal Export service, you hereby confirm that Dolphin Express is allowed to charge your credit card for these services.
- Taxes, customs fees, VAT: Dolphin Express in responsible neither to taxes, customs fees, VAT, and/or to any other charges levied on orders by destination country tax authorities. Customers hold full responsibility to these charges and are requested to act according to the instructions of destination country tax authorities regarding tax deficits, fines, import permits, customs storage fees, handling fees, etc.
- Shipping rates calculation: shipping rates are calculated based on product physical weight or volume, depending on the shipping method.
- Insurance: Dolphin Express does not insure your shipments. You are allowed to purchase insurance for your orders.
Dolphin Express is not responsible for non-insured or not-sufficiently-insured shipments.
- Insurance coverage: insurance coverage comes into effect immediately upon payment of insurance for shipments held at our U.S. logistics center, expiring once shipments have been delivered to customers and confirmations of delivery have been signed.
- Activation of insurance policy:
- Contact our customer service in writing up to one working day following receipt of the shipment.
- Upon delivery, search the items and packaging for damages.
- Then, take photos of the package and of the damaged item.
- Prepare the necessary documents: the shipping company’s shipping certificate, purchase invoice and photos, attached them to your written claim, and send everything to our customer service.
- For activation of insurance, a 250USD or 1% of declared value Policyholder’s participation fee applies (deductible).
- We will transfer to you the full amount of compensation paid to us by the insurance company. In the event that insurance had not been paid for, no insurance claim for the damaged package is possible.
- The insurance policy does not cover the following items: Antiques, second-hand and renovated items, frozen products, arms and ammunition, porcelain, ceramics and glassware.
- Loss of packages by shipping companies: Should a package not be delivered to the customer by the shipping company, and following a reasonable period in which attempts have been made by the said company to retrieve the package, a loss claim will be filed. Maximal loss claim handling time is 21 working days counting from provision of all required documents by customer.
- Limitation of liability: Dolphin Express is not responsible for damage to your package, except in cases of malice or negligence on the part of Dolphin Express. Under no circumstances should Dolphin Express, Inc., its managers, directors and employees (together and separately) be held liable to any damage, whether particular and/or general, indirect and/or minor arising from the use of the Personal Export service. Should a court determine a particular segment of this article to be unenforceable, the extent of liability will be determined as and limited to the lowest sum allowed by law.
Means of payment: As of present, Dolphin Express accepts the following international credit cards: MasterCard, VISA, Discover and American Express. Payments are possible via PayPal or Checks. Payment to Dolphin Express is exclusively performed in U.S. dollars.
These terms of payment are subject to change and/or amendment at any time and at the sole discretion of Dolphin Express. The following terms apply should the price displayed on the Website be incorrect: Should the correct price be lower than the Website price, then the lower price applies and you will be charged accordingly. Should the correct price be higher than the Website price, we will then, at our sole discretion, contact you via email to update you on the next step of the transaction, or cancel your order, giving you notice via email. Dolphin Express is not responsible for errors in charging unless customers report such errors no later than sixty (60) days following purchase.
SLA for answering emails: customer service will respond to emails during working hours and days. Response to emails will arrive within two working days, excluding periods of excessively heavy workload at the customer service department. In such periods, email response time may be extended indeterminately.
Mobile services and contact details –
It is possible that this Website provides certain services available via your mobile device (hereinafter: Mobile Services), such as the capability to download content onto your mobile device, or to request order and shipment updates to your mobile device.
It should be stressed that, whether purchasing using Direct Sale or the Personal Export service, you are required to provide your mobile phone number. You are also required to provide your mobile phone number when providing contact details. By using Mobile Services or by providing your mobile number as part of your contact details, you agree to our contacting you using SMS and MMS and that certain details on your use of Mobile Services be transferred to us.
- Unless otherwise stated on the Websites, the content and any other materials appearing on the Website, including, but not limited to, the Dolphin Express logo – images, information, software, music, files, etc. – belong to and are owned by Dolphin Express or its franchisees or its users and are protected by U.S. and International Law.
- You are granted limited permission to access and use the Websites and print, electronically or in hard-copy form, Website materials for the purpose of collection information and for personal purposes, subject to this being done for non-commercial needs. This limited permission is subject to the Terms & Conditions herein and excludes the following:
- Any reselling or commercial use of the Website or of the content thereof.
- Collection and use of product lists, images and descriptions.
- Distribution or publication of Website contents, amendments to the Website and to Website contents, in part or in whole.
- The use of data mining, robots, or other ways of collecting information.
- Downloading Website sections or materials or any Website information, unless this is specifically permitted.
- Any use of the Websites or the contents thereof for unintended purposes.
- Any use of the Website or of the contents thereof not complying with the articles above and not permitted in writing by Dolphin Express is entirely forbidden and will lead to a revocation of the limited permission granted herein.
- Excessive use of the Website or of the contents thereof also constitutes a violation of further rules, such as copyright, trademark and communications rules, and regulations issued in accordance thereto.
- Unless otherwise stated, the Terms & Conditions herein cannot be regarded as granting permission to use any copyright, by implication, estoppel, or otherwise. Permission can be revoked at any time.
- Repeat Infringer policy: In accordance with the United States Digital Millennium Copyright Act (DMCA) and other laws applying, Dolphin Express has formulated a policy permitting it, at its sole discretion, to reject subscriptions and account holders should they be deemed repeat infringers. In addition, Dolphin Express can limit access to websites or revoke the accounts of users who had infringed the copyrights of others, even in the event of a first-time infringement.
- Copyright complaints: You are asked to complain to our designated representative, whose name appears below, should you deem the Website to contain infringement of your copyright:
473 Mundet place Hillside, NJ 07205-1115 USA
Tel. 973.253.3800 Fax. 208.275.7535
See 512(c)(3) 17 of the United States Code for requirements for valid complaints. It should be noted that the information included in your complaint may be transferred to the person you claim had infringed copyright. Your submission of a complaint constitutes an agreement on your part for the said transfer.
Also, please consider that you are responsible for any false representation included in your complaint and will be liable for any damages and attorney fees, whether Our own or those of the person you claimed had infringed copyright, resulting from false representation and the removal or denial of access to any material subsequent to your false representation.
We are entitled to inform our users of copyright infringement, whether by publicizing a general notice on our Website, via email or regular mail to the addresses listed on our files.
- You have limited, non-exclusive permission to create links to the Websites for non-commercial purposes, inasmuch as these links do not present Dolphin Express or its products in false or negative light and subject to the website featuring the links not including adults-only or illegal content, nor any other offensive or harassing content.
- This limited permission can be revoked at any time.
- The Dolphin Express logo or any other Dolphin Express, Inc. – owned graphics cannot be used as links to the Websites without the prior written consent of Dolphin Express.
- In addition, no Dolphin Express, Inc. trademark, including Website images and graphics and Website textual content and phrasing, can be framed without the prior written consent of Dolphin Express.
- Excluding everything said herein, you hereby have no permission, by implication, estoppel, or otherwise, to use any patent, trademark or copyright belonging to Dolphin Express and/or to third parties.
- Dolphin Express does not claim, present or hold any responsibility for the quality, content, substance and credibility of websites accessed by links from Dolphin Express Websites or from various websites linking to Dolphin Express Websites. Such websites are not controlled by Dolphin Express, Inc. and Dolphin Express, Inc. holds no responsibility for the content of such websites nor to any amendment to the content of these websites. Dolphin Express provides these links solely for ease of use; the inclusion of a particular link does not imply Dolphin Express endorsement of the website reached by the said link, nor to the content of that website.
- When exiting the Websites, please be advised that you are no longer under obligation to follow the Terms & Conditions.
Third-Party Content –
- Dolphin Express is entitled to allow or to provide third-party content on the Websites and to allow or provide links to third-party websites as a service to users interested in such information.
- Dolphin Express does not monitor any third-party content or Websites nor has any control over such content or websites. Dolphin Express does not recommend nor endorse or any third party content and cannot guarantee anything with regards to the credibility of third-party content.
- Dolphin Express does not represent nor guarantee any information provided within third-party website content and has no responsibility to amend or update third-party content. Users of third-party content do so at their own discretion.
Commercials. Third-party products and services –
Dolphin Express is entitled to allow commercials and/or other third-party content on its Websites, and is allowed to grant access to or provide information about or links to third-party products and services. Your contact and communications with third parties and all terms and declarations concerning such contact concern yourself and the third party only. Dolphin Express is not liable to any damage or loss incurred due to your contact with third parties mentioned in the Websites.
User behavior –
By using the websites, you hereby agree to avoid:
- Using the Websites and/or interactive zones in any illegal manner that could damage or overload the Websites.
- Collecting and/or maintaining email addresses of other people and/or other data derived from the Websites and/or interactive zones, whether electronically or otherwise, for the purpose of sending unsolicited emails or communications.
- Using electronic entrance devices or any other device for accessing the Website and/or interactive zones in order to extract data.
- Registering automatic scripts for collecting information.
- Registering under more than one username, opening an account for another individual without having obtained clear consent of that individual, or opening an account for a group or any sort of entity.
- Impersonating any individual or entity and/or misrepresent your age or relevance to a certain person or group.
- Breaking local, state, federal or international laws.
- Soliciting personal information from people aged less than 18, and/or elicit passwords and/or identifying details for commercial or illegal purposes.
- Using or attempting to use accounts of other persons without having obtained written prior consent from Dolphin Express.
- Attempting to circumvent various content filters we run.
- Attempting to access a service and/or section of the Websites (including interactive zones) that you are not permitted to enter.
- Engaging in harassment, threats, or any behavior that could be considered threatening.
Dolphin Express is not responsible for the behavior of users on the Website. Dolphin Express is also not responsible for any damage or loss incurred from such behavior. While Dolphin Express is under no obligation to monitor or filter any behavior arising on the Websites or on the interactive zones, it reserves itself the right to transfer, filter or edit, at its sole discretion, any behavior on the Websites, at all times and without prior notice. Dolphin Express does not authorize or endorse meetings or events publicized by users and recommends that caution be exercised prior to contacting unknown persons.
Any use of the Websites or the interactive zones not consistent with the instructions herein constitutes infringement of the Terms & Conditions and could result, among others, in cancellation or suspension of your rights to use the interactive zones or the Websites.
Registration and account security –
By using the website, you hereby agree to:
- Provide accurate, up-to-date and complete information about yourself, inasmuch as that information is requested on the Website registration forms (Registration Data).
- Maintain the secrecy of your username and password and not share these data with any alien figure.
- Maintain and update the Registration Data and any other data you have provided Dolphin Express so that it is accurate, up-to-date and complete.
- Accept all risks connected with unauthorized access to any Registration Data and other data you had provided Dolphin Express.
You hereby agree to protect and compensate Dolphin Express, Inc. and its branches, independent contractors, content providers, consultants, employees, directors and agents, against any lawsuit, damage, costs, expenses, attorney fees, etc. resulting from the publicizing of any user content you had publicized, saved, or transferred through the Websites or the interactive zones. This compensation includes but is not limited to actual and/or potential lawsuits and/or payment demands issued against Dolphin Express, Inc. and its branches, independent contractors, content providers, consultants, employees, directors and agents, filed due to user content you had publicized, your behavior, infringement of Terms & Conditions or of the copyright of any third party.
UNLESS OTHERWISE CLEARLY STATED IN WRITING ABOUT DOLPHIN EXPRESS, INC., WEBSITES, WEBSITE MATERIALS INCLUDED IN THE WEBSITES (INCLUDING ALL USER CONTENT), AND ALL SERVICES PROVIDED IN RELATION TO THESE WEBSITES, ARE PROVIDED AS-IS WITHOUT ANY LIABILITY INSURANCE WHATSOEVER. DOLPHIN EXPRESS, INC., ITS AGENTS AND FRANCHISEES HEREBY DISCLAIM ALL LIABILITY INSURANCE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY LIABILITY, COORDINATION FOR CERTAIN PURPOSES, SECURITY, OWNERSHIP, AVOIDANCE OF INFRINGEMENT OF RIGHTS AND/OR THE CLAIM THAT THIS WEBSITE COMPLIES WITH YOUR EVERY NEED OR EXPECTATION.
UNDER NO CIRCUMSTANCES, EXPRESS OR IMPLICIT, DOES DOLPHIN EXPRESS GUARANTEE OR DECLARE ANY OF THE FOLLOWING:
- USE OF THE WEBSITE OR WEBSITE DELAYS AND LIMITATIONS
- SYSTEM PERFORMANCE AND IMPACT ON SOFTWARE AND HARDWARE RELATED TO THE USE OF THE WEBSITE.
DOLPHIN EXPRESS, INC. WILL BEAR NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY VIRUSES OR OTHER SOFTWARE CAPABLE OF AMENDING, DELETING, DESTROYING, DAMAGING, ETC.,THAT HAD BEEN TRANSFERRED VIA THE WEBSITE.
IN ADDITION TO WHAT IS MANDATED BY LAW, DOLPHIN EXPRESS, INC. IS NOT RESPONSIBLE FOR LOSSES INCURRED THROUGH THIRD-PARTY MALPRACTICE, ACTIONS OR ERRORS, INCLUDING BUT NOT LIMITED TO YOUR INTERNET PROVIDER.
DOLPHIN EXPRESS, INC. IS NOT RESPONSIBLE FOR THE ONLINE OR OFFLINE BEHAVIOR OF WEBSITE OR SERVICE USERS. YOU BEAR EXCLUSIVE RESPONSIBILITY FOR YOUR INTERACTION WITH OTHERS. REVIEWS OF PRODUCTS AND COMMENTS THEREON ARE MADE AT THE SOLE DISCRETION OF REVIEWING/COMMENTING USERS, AND DOLPHIN EXPRESS, INC. DOES NOT ENDORSE NOR VERIFY THESE REVIEWS OR COMMENTS.
DOLPHIN EXPRESS, INC. IS NOT RESPONSIBLE FOR TYPOS OR PRICING, TEXT, OR IMAGE OMISSIONS.
WHILE DOLPHIN EXPRESS, INC. TRIES TO SECURE ACCESS TO AND USE OF THE WEBSITES, IT CANNOT DECLARE OR ENSURE THAT ITS WEBSITES ARE FREE OF VIRUSES OR OTHER COMPONENTS. YOU ARE THEREFORE REQUESTED TO USE KNOWN SOFTWARE FOR VIRUS DETECTION AND PROTECTION WHEN DOWNLOADING.
DOLPHIN EXPRESS, INC. RESERVES ITSELF THE RIGHT TO CHANGE ANY WEBSITE CONTENT AS WELL AS WEBSITE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE.
Limitation of Liability –
Dolphin Express, Inc. and its directors, members, employees, and agents are not responsible for any direct, special, consequential, indirect, or any other damage, including but not limited to profit or information loss, whether through contract, damage (including but not limited to malpractice), or otherwise arising from the use or inability to use the Websites, services, user content or Website materials included in the Website. These damages include but are not limited to damages resulting from users relying on Website information or from errors, omissions, deletion of files or emails, viruses, various delays, theft, destruction, unauthorized access to software or Dolphin Express logs. The limit of the Dolphin Express liability, whether by contract, insurance, damage, or any other claim, cannot exceed your payment to Dolphin Express for access to or use of the website.
Applicable Law –
The Terms & Conditions herein and the use of the Website are governed under the rules of the State of New Jersey and under U.S. (Federal) laws, applying to agreements made and intended to be executed in the State of New Jersey and without requiring its Depecage laws. The UN Convention on the International Sale of Goods will not apply to the sale of products through Dolphin Express.
- You hereby agree that any dispute arising from or relating to the Terms & Conditions herein and/or the products and/or services rendered herein will be determined exclusively by means of arbitration in Manhattan, NYC, in front of a single arbitrator, in accordance to the regulations of the American Arbitration Association (AAA). Should arbitration be conducted in the U.S. and in accordance with the AAA regulations that are in force on the day of submission of the request for arbitration (hereinafter: the Regulations).
- Regardless of the location of the arbitration, the arbitrator shall apply the laws of the State of New Jersey and the Federal laws of the U.S. in line with article 18 above; the applying law of the country of destination selected by the customer shall not apply, save in accordance with the manner delineated above.
- A request for arbitration must be received up to one (1) year from the origin of the suit or claim.
- Should the parties disagree as to the identity of the arbitrator within 30 days following the above demand, an arbitrator will be appointed according to the Regulations.
- The arbitration process will be performed entirely in English.
- You are not allowed to accumulate claims or disputes of your own with claims and disputes of other people in respect to arbitration on the Terms & Conditions herein. You hereby waive any right you have in filing a class action against Dolphin Express, Inc., its branches and members, in respect to the Terms & Conditions herein.
- The arbitrator will implement the applicable law in accordance with article 20. Any decision by the arbitrator will be written and list the conclusions reached by the arbitrator on the facts and legal conclusions of the arbitrator.
- Arbitrage can be performed via the phone or videoconferencing, at the expense of Dolphin Express.
- The decision of the arbitrator will be finite and indisputable, yet subject to judicial critique of the NYC, U.S. courts. The U.S. Federal law will apply to any court procedure, as the case may be.
- The content of this article does not prevent the parties from seeking other temporary relief and/or take other measures in any court prior to the commencement of the arbitration procedure, or during this procedure.
Waiver of jury trial –
Your and Dolphin Express, Inc. hereby waive the right to hold a jury trial in all matters concerning a dispute on the Terms & Conditions herein, your orders, or any transaction between yourself and Dolphin Express, Inc.
These Terms & Conditions notwithstanding, Dolphin Express reserves itself the right to revoke and terminate your permission to use the Website and/or to prevent your access to and use of the Websites.
Should any article in the Terms & Conditions herein be deemed illegal, unenforceable or revoked for any reason, it shall be considered severed from the Terms & Conditions herein, will be removed therefrom, and shall have no bearing on the applicability of the remaining articles.
Notifications in accordance with the Terms & Conditions herein will be written and dispatched by means of:
- Personal courier service
Integration of the agreement –
The terms & Conditions cannot be changed or amended by the use of other additional documents presented as agreements between the parties. Any attempt to change or amend the Terms & Conditions herein or include an order of products or services subject to additional Terms & Conditions is hereby rendered null and void.
Force Majeure –
Dolphin Express, Inc. cannot be held responsible for delays and/or failure to ship resulting from Force Majeure, including fires, accidents, floods, rebellions, wars, acts of terror, uprisings, strikes, or any other factor not within the control of Dolphin Express.
Lack of demand by Dolphin Express to rigidly enforced any article in the Terms & Conditions herein does not constitute a waiver of its rights or amendments.
Questions and contact details –
Questions or comments on the Websites or the Terms & Conditions should be addressed to Dolphin Express at [email protected].