Voltaire Design USA Inc. Terms and Conditions
Agreement between Customer and Voltaire Design USA Inc.
Sales and Services
Please read these terms and conditions very carefully the terms and conditions of product sales and service projects are limited to those contained herein. any additional or different terms or conditions in any form delivered by you ("customer") are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given.
By accepting delivery of the products, making a down payment or by engaging voltaire design usa inc. affiliate identified on the invoice, statement of work or other voltaire design usa inc. ("seller") or the voltaire design usa inc. identified on the invoice, quotation, purchase order, statement of work or other voltaire design usa inc. documentation to provide product or perform or procure any services, customer agrees to be bound by and accepts these terms and conditions unless customer and seller have signed a separate agreement, in which case the separate agreement will govern.
Any general description of the types of products or services and results thereof posted on any seller website or mobile application do not constitute part of the agreement between seller and customer.
Important Information About These Terms and Conditions
These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on any Seller Website or Mobile Application (each, a "Site") or otherwise requesting products (the "Products") or engaging Seller to perform or procure any Services (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on a Site at the time Customer places an order or signs a Statement of Work will govern the order in question, together with this Agreement, unless otherwise agreed in writing by Seller and Customer.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Seller. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice, quotation or any other document in electronic or written form that is signed and delivered by each of the parties for Products or the performance of Services (each, a "Statement of Work") other than Third Party Services. This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.
These terms and conditions, any statements of work, quotation, purchase orders, the services hereunder and any sale of products hereunder will be governed by the laws of the state of Florida, without regard to conflicts of laws rules. any arbitration, enforcement of an arbitration or litigation will be brought exclusively in Broward county, Florida, and customer consents to the jurisdiction of the federal and state courts located therein, submits to the jurisdiction thereof and waives the right to change venue. customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.
The place of performance, the exclusive jurisdiction for all legal action and the venue for legal proceedings if Customer is resident abroad is the place where the Voltaire Design USA Inc. head office or branch of Voltaire Design USA Inc. maintaining the contractual relationship with the Customer is located, which the parties agree it is Broward County, Florida. These Terms and Conditions, Purchase Orders and Statement of Work shall be deemed entered into and performed in the State of Florida and Customer consents to the jurisdiction of the State of Florida for purposes of enforcement of the terms hereof. Customer agrees to the above Terms including but not limited to terms relating to payments, interest on late payments, conditional terms, attorneys fees and jurisdiction for Enforcement.
Statute of Limitations
Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price (included taxes) for the Products plus shipping, before shipping of any product. A minimum 30% down payment is required to start an order of a custom saddle and the balance is due immediately once Seller notifies Customer that the order and/or Product is ready for shipping, such notification may be made in the form of an email, text message, fax, phone call, or letter. Every item/Product remains the property of Seller until it is paid in full by Customer.
In cases where Seller agrees to trade-in a Customer’s used saddle and provide Customer with a trade-in discount or credit for Customer’s used saddle, Customer agrees that he/she has one week to ship and deliver his/her used saddle to Seller from the day he/she received the new saddle from Seller. Customer agrees that if Seller does not receive Customer’s used saddle two (2) weeks after the day of delivery of the new saddle from Seller, Customer will have to pay Seller the value of the trade-in discount of credit. Customer shall bear the risk of loss or damage during shipment of his/her used saddle to Seller (F.O.B. Destination). Customer shall be required to pay Seller the trade-in discount or credit if the used saddle is lost, stolen, or damaged during shipment before being delivered to Seller.
Payment of Custom Orders:
A Customer who makes an order for a custom product/item will be required to make a down payment as stated herein and/or as reflected on the invoice/purchase order before Seller requests and/or orders the production of such custom product/item. In the event a customer does not pay the total purchase price within 60 days after he/she was notified by email that his/her custom item/Product (such as a saddle) is ready, and after expiration of the cancelation deadline as established in the Cancelation/Refund Policy herein, Customer will loose and forfeit his/her full deposit, and Seller will be entitled to keep the custom item/Product and sell it, and seek damages from Customer’s failure to pay the total purchase price.
For all non-custom orders that are not properly canceled pursuant to the Cancelation/Refund Policy and Customer has failed to pay the balance due within 2 weeks after the expiration of the cancelation deadline as established in the Cancelation/Refund Policy herein, Customer will lose and forfeit his/her full deposit, and Seller will be entitled to keep the item/Product and sell it.
Terms of payment are within Seller's sole discretion. In connection with Services being performed pursuant to a Statement of Work, Order, Invoice or Quotation, Customer will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work, Order, Invoice or Quotation. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller, or any of its Affiliates on behalf of Seller may issue an invoice to Customer. Seller may invoice Customer separately for partial shipments, and Seller may invoice Customer for all of the Services or Products described in a Statement of Work, Order, Invoice or Quotation or any portion thereof.
Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation.
In the event of a payment default, Customer will be responsible for all of Seller’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, Seller reserves the right to suspend. Services or shipment of Products until payment is received. In order to secure full payment, Customer hereby grants to Seller a security interest in the Products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid in full. Customer authorizes Seller to file a financing statement reflecting such security interest. Any customer with a bounced check will be charged an extra $60 administrative fee.
Title does not Transfer Until Full Payment
Products remain the property of Voltaire Design USA Inc. until payment in full is made to Voltaire Design USA Inc. In case of a payment dispute, you agree to return the received products to Voltaire Design USA Inc. immediately upon request, and to assume the risks (in particular the loss, theft or damage) relating to the delivered products.
There is a 2 years warranty on leather, in case there is an unusual wear due to a defect in quality of either the leather or the assembly. The warranty will be voided if you ride in a saddle with jeans. Also, warranty on soft leather such as all Calf and Buffalo will be voided if saddles used more than 1 hour a day five days a week. Voltaire Design leather care products must be used to keep the warranty effective.
There is a 5 years warranty on the tree. The warranty is effective only if there is a manufacturing defect in the tree, and not in case of an accident for instance.
There is a 3 months warranty on the fitting of the horse. After 3 months, refitting is entirely upon customer’s expense.
This limited warranty does not cover misuse or minor imperfections within design specifications or which do not materially alter functionality. seller does not warrant and is not responsible for damages caused by misuse, abuse, accidents, lack of service/maintenance, or the combination of seller branded products with other products. this limited warranty does not cover non-seller branded products. any warranty applicable to non-seller branded products is provided by the original manufacturer.
Seller warrants that the Services will be performed in a good and workmanlike manner. Customer's sole and exclusive remedy and Seller's entire liability with respect to this warranty will be, at the sole option of Seller, to either (a) use its reasonable commercial efforts to reperform or cause to be reperformed any Services not in substantial compliance with this warranty or (b) refund amounts paid by Customer related to the portion of the Services not in substantial compliance; provided, in each case, must notify Seller in writing within five (5) business days after performance of the applicable Services.
Except as set forth herein or in any statement of work that expressly amends seller's warranty, and subject to applicable law, seller makes no other, and expressly disclaims all other, representations, warranties, conditions or covenants, either express or implied (including without limitation, any express or implied warranties or conditions of fitness for a particular purpose, merchantability, durability, title, accuracy or non-infringement) arising out of or related to the performance or non-performance of the services, products, including but not limited to any warranty relating to third party services, any warranty with respect to the performance of any hardware or software used in performing services and any warranty concerning the results to be obtained from the services. this disclaimer and exclusion shall apply even if the express warranty and limited remedy set forth herein fails of its essential purpose. customer acknowledges that no representative of seller or of its affiliates is authorized to make any representation or warranty on behalf of seller or any of its affiliates that is not in this agreement or in a statement of work expressly amending seller's warranty..
Customer shall be solely responsible for daily backup and other protection of its data and software against loss, damage or corruption. Customer shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted during the performance of Services.
Seller, its affiliates, and its and their suppliers, subcontractors and agents are hereby released and shall continue to be released from all liability in connection with the loss, damage or corruption of data and software, and customer assumes all risk of loss, damage or corruption of data and software in any way related to or resulting from the services.
Seller will not be responsible for and no liability shall result to Seller or any of its Affiliates for any delays in delivery or in performance which result from any circumstances beyond Seller’s reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or completion dates provided by Seller or any purported deadlines contained in a Statement of Work or any other document are estimates only.
Pricing Information ; Availability Disclaimer
Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer’s orders. If Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.
Cancellation / Refund Policy
Customer may cancel an order in writing within 24 hours after order is placed, without any cancellation fee.
On a custom saddle order (or any other custom item), cancellation fees will apply as follow:
1) 400$ of cancellation fees will be applied in case the order is cancelled after 24 hours and before 48 hours.
2) 20% of the price of the new custom saddle (or any other custom item) is due in case Customer order is cancelled after 48 hours and before the delivery of the saddle.
3) 35% of the price of the new custom saddle (or any other custom item) is due in case Customer order is cancelled from the day of the delivery to three months after delivery for and only for technical issue, if and only if Voltaire Design was not able to correct the technical issue.
4) No refund accepted at all after three months from the day of the delivery.
Custom orders not canceled and not paid after 30 days since Customer is notified the custom saddle is ready, are subject to the Payment section of this Terms and Conditions.
All non custom tack can be returned and fully reimbursed within a month after delivery providing they have not been used.
Used saddles and non-custom saddles orders can be returned and fully reimbursed within 7 days after delivery providing they have not been damaged during the time of the trial.
No unlawful or prohibited use/Intellectual Property
Customer will not modify, copy, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the products, in whole or in part, of Voltaire Design USA Inc.. Voltaire Design USA Inc products are not for resale. Customer agrees that Customer does not acquire any ownership rights in any protected content. Seller does not grant Customer any licenses, express or implied, to the intellectual property of Voltaire Design USA Inc or Seller’s licensors except as expressly authorized by these Terms.
Risk of Loss
If Customer provides Seller with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Seller, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the carrier (F.O.B. Origin, freight collect). For all other shipments, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the specified destination (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer.
Customers may order services (collectively, "Services") from or through Seller from time to time.
Where Services are ordered in a Statement of Work, each Statement of Work hereby incorporates these Terms and Conditions and constitutes a separate agreement with respect to the Services performed. Seller, or any of its Affiliates on behalf of Seller, may execute a Statement of Work. In the event of an addition to or a conflict between any term or condition of the Statement of Work and these Terms and Conditions, the terms and conditions of this Agreement will control, except as expressly amended in the applicable Statement of Work by specific reference to this Agreement. Each such amendment will be applicable only with respect to such Statement of Work and not to future Statements of Work.
Changes to the scope of the Services described in a Statement of Work will be made only in a writing executed by authorized representatives of both parties. Seller will have no obligation to commence work in connection with any such change, unless and until the change is agreed upon in that writing executed by both parties. All such changes to the scope of the Services will be governed by these Terms and Conditions and the applicable Statement of Work. Each Statement of Work may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original.
In addition to any specific Customer duties set forth in any applicable Statement of Work, Customer agrees to cooperate with Seller in connection with performance of the Services by providing (i) timely responses to Seller's inquiries and requests for approvals and authorizations, (ii) access to any information or materials reasonably requested by Seller which are necessary or useful as determined by Seller in connection with providing the Services, and (iii) all Required Consents necessary for Seller to provide the Services. Customer acknowledges and agrees that the Services are dependent upon the completeness and accuracy of information provided by Customer and the knowledge and cooperation of the agents, employees or subcontractors (“Personnel”) engaged or appointed by Customer who are selected by Customer to work with Seller.
When the Services are provided on Customer's premises or at another location designated by Customer, Customer agrees to maintain adequate insurance coverage to protect Seller and Customer's premises and to indemnify and hold Seller and its Affiliates, and its and their agents and employees harmless from any loss, cost, damage or expense (including, but not limited to, attorneys' fees and expenses) arising out of any product liability, death, personal injury or property damage or destruction occurring at such location in connection with the performance of the Services, other than solely as a result of Seller's gross negligence or willful misconduct.
Disclaimer, Limitation of Liability
Except for the warranties expressed in this agreement, seller disclaims all other warranties, either express or implied, including implied warranties of merchantability or fitness for a particular purpose, other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law. the term of any implied warranties that cannot be disclaimed are limited to the term of this agreement.
Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, will seller, its affiliates or its or their suppliers, subcontractors or agents be liable for:
(A) Any incidental, indirect, special, punitive or consequential damages including but not limited to, loss of profits, business, revenues or savings , even if seller has been advised of the possibilities of such damages or if such damages are otherwise foreseeable, in each case, whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability;
(B) Any claims, demands or actions against customer by any third party;
Any loss or claim arising out of or in connection with customer's implementation of any conclusions or recommendations by seller or its affiliates based on, resulting from, arising out of or otherwise related to the products or services;
(D) Or any unavailability of the product for use or any lost, damaged or corrupted data or software. in the event of any liability incurred by seller or any of its affiliates, the entire liability of seller and its affiliates for damages from any cause whatsoever will not exceed the lesser of:
- The dollar amount paid by customer for the product(s) giving rise to the claim or the specific services giving rise to the claim;
- Or $49,000.00. our sole and entire maximum liability (and the liability of any of the providers of products and services available on our site or stores), for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited as stated in this section.
Customer agrees to indemnify, defend and hold harmless Voltaire Design USA Inc, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Customer use of or inability to use the products, Customer violation of any terms of this Agreement or Customer violation of any rights of a third party, or Customer violation of any applicable laws, rules or regulations.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Statement of Work or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any Statement of Work (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Seller's or any of its Affiliates' advertising or marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Seller nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Fort Lauderdale, Florida. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s).
Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.
Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Seller arising out of the Products or Services will be exclusively litigated in court rather than through arbitration.
Changes to Terms
Voltaire Design USA Inc reserves the right, in its sole discretion, to change the Terms under which Voltaire Design USA Inc. is offered. The most current version of the Terms will supersede all previous versions. Voltaire Design USA Inc encourages you to periodically review the Terms to stay informed of our updates.
Voltaire Design USA Inc welcomes your questions or comments regarding the Terms:
Voltaire Design USA Inc
3782 NW 124th ave
Coral Springs, FL 33065
Email Address :
Telephone number :
Effective as of March 1, 2019