Terms & Conditions
1 – Proprietary Information
Layout, design, and compilations on this site, are proprietary to Del Rey LLC. All rights are reserved.
Del Rey is an authorized distributor for many, but not all brands sold and offered on this webshop. For brands, which Del Rey is not an authorized distributor, affiliate, or representative, designated trademarks, brand names and brands appearing herein are the property of their respective owners.
2 – End-User License Agreement
While many Del Rey LLC products may have firmware already installed, Del Rey LLC makes no representation as to whether a product will or will not have firmware and, if it does have firmware, whether the firmware is the revision level that the customer needs for their application. The products sold by Del Rey LLC may have older date codes or be an older series than that available direct from the factory or authorized dealers. Del Rey LLC also makes no representations as to your ability or right to download or otherwise obtain firmware for the product from the Manufacturer, its distributors, or any other source. Del Rey LLC also makes no representations as to your right to install any such firmware on the product. Del Rey LLC will not obtain or supply firmware on customer’s behalf. It is the customer’s obligation to comply with the terms of any End-User License Agreement or similar document related to obtaining or installing firmware.
3 – Customer Statement Regarding U.S. Export Compliance
Customers understand that the products being purchased from Del Rey LLC, are subject to export controls from the U.S. Export Administration Regulations (EAR), 15 CFR Parts 730-774, and the laws of the United States.
Customers warrant that the products will be used by the Customer in the form in which they are received, and that it will be used in the country indicated by the Customer as the shipping address in its order.
Customers further warrant not to sell, transfer, export, or re-export the products sold by Del Rey in violation of the export laws of the United States. Specifically, Customer understands that such sale, transfer, or re-export may require a license from the U.S Department of Commerce, and transfers to certain countries or entities are prohibited under U.S. law.
Customers certify that all of the facts contained in this statement are true and correct to the best of their knowledge and customers do not know of any additional facts which are inconsistent with the above statement.
Commodities, technology and software are to be exported from the United States according to U.S. Export Laws. Diversion contrary to U.S. Law is prohibited.
4 – Shipping Policy
Listed prices are typically inclusive of inbound freight.
Depending on destination and packaging details, the shipping charges may need to be determined manually. We have set up our checkout system to allow order entry to most shipping destinations within the continental United States of America.
Upon entering an order, Del Rey LLC may be required to review and determine the shipping charges to the customer provided destination and advise promptly for customer approval.
In case a customer order is routed for shipping charges review and confirmation, the customer credit card charges will be put on hold and NOT be charged until Del Rey LLC receives approval for the shipment charges from the customer.
If you prefer to have us determine those charges in advance of placing your order, we would be most happy to. Simply email us at sales@delreypartners.com and we will be happy to provide you with a quote.
4.1 – International Shipping Policy
For international shipping destinations, the Goods will be shipped with Incoterms 2020 EXW origin and all associated charges will be added to the invoice. Listed prices are typically inclusive of inbound freight.
If a customer specifies a carrier, the goods must be picked up at the place of business of Del Rey LLC or Del Rey LLC’s supplier within three (3) business days of written notification by Del Rey LLC that the goods are completed by Del Rey LLC or Del Rey LLC’s supplier. If Buyer fails to coordinate pick-up of the goods within such a three (3) day period, Del Rey LLC or Del Rey LLC’s supplier may charge Buyer a reasonable storage fee (to be paid by Buyer upon demand).
If requested by Buyer, shipping costs to final destination could be managed by the Del Rey LLC as a reimbursable charge at cost plus 15%. Del Rey LLC would only agree to provide shipping services to the final destination if goods are insured. Del Rey LLC shall not be obliged to provide such reimbursable services/items unless requested and approved by the Buyer in writing.
For certain products, international resale restrictions may apply to customers outside of the United States and Del Rey LLC may not be allowed to ship those products internationally.
All customs and import duties are excluded and the sole responsibility of the customer.
(Please note: Customs and import duties may be applied to international orders when the shipment reaches its destination, they vary by country and are the responsibility of the recipient.)
For all orders outside of the continental United States, or international orders, please contact sales@delreypartners.com prior to placing the order online to confirm shipping costs and international sales policies.
Please make sure to include our SKU number in ALL inquiries, thank you!
United States export compliance law is applicable to all international sales.
5 – Privacy Policy
We absolutely respect our customers’ privacy. We will only use customers’ data in accordance with the applicable U.S. data protection laws. Any and all information collected on Del Rey’s site will be kept strictly confidential and will not be sold, disclosed to third parties or reused without your permission. Any information given by a customer to us will be held with care and will not be used in ways that our customers have not consented to.
We collect information from pages consumers access or visit and information volunteered by the consumer, such as site registrations. The information we collect is used to improve the content of our web page and is NOT shared with other organizations for commercial purposes.
If you supply us with your e-mail address online, you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive our mailings, please simply send us an e-mail at unsubscribe@delreypartners.com. We will make sure your name is removed from our list. In addition, we protect all of your personal information from data mining robots.
Del Rey may provide web links to other sites such as manufacturers that we support. Please be aware that we are not responsible for the practices of these websites, and that the actions of these websites are not governed by our privacy statement. We encourage concerned users to check the privacy statement of any web site prior to providing any personal information.
6 – Text Message Privacy Policy & Disclaimer
Disclaimer: By providing your phone number to Del Rey, LLC. you hereby acknowledge and agree that we may send text messages to your wireless phone number for various purposes. Please note that message and data rates may apply. Message frequency will vary, and you retain the right to Opt-out by simply replying “STOP.” For a detailed understanding of how we handle your data, please refer to our Privacy Policy below.
Privacy Policy: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the categories mentioned above exclude text messaging originator opt-in data and consent, which will not be shared with any third parties.
7 – Internet Security
We at Del Rey are as concerned about Internet Security, and the security of your personal information, as you are. That’s why we have instituted several safety precautions to protect you and any information you supply to us. We make every effort to ensure that your purchase experience at our webshop is secure.
We use state-of-the-art data encryption technology to protect against loss, misuse, or alteration of your user information. Secure Socket Layers (SSL) encrypt the information exchanged between your computer and our database. You will also notice that on any page within our site where any personal information is carried, the URL header will change color and show “https:” (instead of “http:”) and will show a closed lock symbol indicating an Internet Secure page.
In addition, we use fraud screening to protect your credit card transactions. Del Rey protects your purchase by preventing the shipment of merchandise to a fraudulent address. Del Rey may contact the purchaser, alternative purchaser information, and/or the credit card company to verify credit card transaction information for your safety. We may request additional documentation (i.e. credit card authorization form, drivers license, etc.) to ensure the legitimacy of a transaction.
8 – Payment Policy
We accept the major credit card brands such as Visa, MasterCard, American Express and others.
Del Rey may charge an additional fee for using customers’ credit cards to make purchases.
Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your order.
Customers’ credit cards will be billed not sooner than before Del Rey reviews and accepts the customer order.
We endeavor to ship all orders promptly however, all orders are subject to approval by our verification department. Should there be any reason for delay, we will notify you by phone or email. To prevent internet fraud, Del Rey may screen customers’ credit card transactions as an additional layer of protection.
We realize there are many reasons a customer may wish to ship to an address other than the credit card billing address. Our first priority is your security. In order to protect you, our customer, from potential credit card fraud, we must confirm the alternate shipping address.
The best way to facilitate this would be for you to call your credit card company, using the telephone number on the back of your credit card, and ask them to register the alternate address on your account. This will not change your billing address, it will only add the alternate shipping address to your account.
We apologize for any inconvenience but by taking this action you are helping us to provide you with the highest level of security against credit card fraud.
Please note that if we do need to obtain a manual authorization from your credit card company, there may be a delay in shipping your order. We reserve the right not to ship to an alternate shipping address if we cannot verify it.
We are pleased to work with you on any special orders, however all special orders are non-cancelable and non-returnable. Payment for all special ordered items will be collected at the time of order.
9 – Warranty Policy
Del Rey will only provide warranty when it can be extended by the manufacturer (such warranty to be asserted through and against such manufacturer). When Del Rey isn’t the authorized distributor but only a reseller of manufacturers’ products, such manufacturers’ warranty may not be extended.
In case when manufacturers’ warranty can be extended, the components are warranted to meet the specifications of the manufacturer if they are applied and maintained according to the specifications of the manufacturer. Del Rey LLC shall not be liable for installation, supervision, or work done by the agents of the customer. Del Rey LLC shall also not be responsible for customer’s misuse of the goods, failure of customer to properly service the goods, or customer’s use of the goods in a manner inconsistent with their intended purpose.
Warranty exclusions: Del Rey LLC makes no other warranty or representation other than as set forth in these terms and conditions and expressly disclaims any warranty as to fitness for a particular purpose. It is further expressly agreed by customer that Del Rey LLC shall not be liable for any incidental, special, punitive or consequential damages, including, without limitation, loss of profits or loss of business from the failure, in part or in full of any goods acquired by customer from Del Rey LLC. Any claim for breach of warranty must be presented in writing prior to one (1) year after sale. The sole and exclusive remedy for any breach of warranty shall be the replacement of the warranted goods or refund of the purchase price, at the option of Del Rey LLC.
Except as set forth herein, Del Rey LLC has made no affirmation of fact, description of the goods or promise that relates to the goods being sold that has created or amounted to an express warranty that the goods would conform to any such affirmation or promise or to any description of the goods, except to identify the goods to the contract.
10 – Return Policy
Returns of Defective Goods: If customer deems components of the assembly defective, customer must give Del Rey LLC timely written notice of the defective component or assembly. Del Rey LLC will determine if the defect was caused by improper installation or maintenance by Buyer. If the non-conformance of the goods is the result of defects in materials or workmanship, Del Rey LLC will repair or replace the goods. Delivery of replacement goods will be based upon the delivery lead times of Del Rey LLC’s suppliers. If the goods are to be replaced, Del Rey LLC will issue customers a written authorization to return the goods prepaid freight to the supplier of Del Rey LLC. Del Rey LLC will replace the goods F.O.B. shipping point. Del Rey LLC does not agree to a refund of the cost of the goods or services to customers, and is never responsible for consequential damages, lost time or revenue, IP, or any other types of losses or damages.
When no defects can be confirmed, products may be non-refundable and non-returnable. If you order a non-refundable and non-returnable product, this information will be provided to you prior to fulfilling your order. All returns may be subject to re-stocking and processing fees that will be deducted from any credit due. Certain products may be non-returnable or non-cancelable.
For products eligible for return when no defects are confirmed, customers will have up to thirty (30) days from the date of invoice unless otherwise noted to return the goods to Del Rey.
You can reach out to our Customer Service Department at sales@delreypartners.com to help walk you through the return process.
11 – Performance Policy
Del Rey LLC will not be responsible for any claims or costs, including, without limitation, late fees or penalties, levied by customer for delays caused by, but not limited to, strikes, lockouts, accidents, fire, delay in transportation, acts of God, embargoes, Year 2000 capability issues, governmental action or any other causes beyond Del Rey LLC’s control.
12 – Website Data Permitted Use
Permissions and Restrictions: You may access and use the Del Rey Webshop Service as made available to you, as long as you comply with this Agreement. The following restrictions apply to your use of the Service. You are not allowed to:
12.1) Scrape, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the service or any content except: (a) as expressly authorized by the Del Rey; or (b) with prior written permission from Del Rey and, if applicable, the respective rights holders;
12.2) Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the webshop service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of webshop content or (b) limit the use of the service or content;
12.3) Access the service using any automated means (such as robots, botnets or scrapers) except with Del Rey’s prior written permission;
12.4) Collect or harvest any information that might identify a person (for example, usernames or faces, addresses, or any other personal data);
12.5)Use the service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
12.6) Use automated system or software to extract data from this website is not permitted (including the mobile app and any webpage and/or data that passes through the web domain at delreypartners.com or Del Rey’s webshop), its underlying computer programs (including application programming interfaces (“APIs”)), domain names, Uniform Resource Locators (“URLs”), databases, functions.
12.7) Use of any automated system or software, scraper bot, whether operated by a third party or otherwise, to extract any data from this website for promotional and commercial purposes (“screen scraping”) is strictly prohibited.
If a company or individual scrapes Del Rey’s website and webshop data such as and not limited to, images, product lots, inventory information, stock data, technical specifications, product details, open user profiles, ticket prices, etc, Del Rey reserves the rights to take legal action against such illegal activities. Although customers and webshop users are authorized to see the data when browsing the site, it is prohibited to scrape it.
13 – Indemnification
Del Rey LLC shall be held liable only for those acts or omissions resulting from the sole negligence of Del Rey LLC or Del Rey LLC’s employees, and customer shall indemnify, defend and hold harmless Del Rey LLC against liability for customer’s sole negligence, contributory negligence, or willful misconduct.
14 – Alternative Dispute Resolution
Mediation: The parties agree to submit any claim, controversy or dispute (collectively, a “Dispute”) arising out of or relating to a purchase order or these Terms and Conditions to non-binding mediation prior to bringing such Dispute in an arbitral tribunal, court or any other tribunal.
The mediation shall be conducted in Houston, Texas, through either an individual mediator or a mediator appointed by a mediation services organization or body experienced in the mediation of general business disputes, agreed upon by the parties and, failing such agreement within a reasonable period of time after a party has notified the other party of its desire to seek mediation of any Dispute (not to exceed fifteen (15) days), by the American Arbitration Association (the “AAA”) in accordance with its rules governing mediation. The costs and expenses of mediation, including compensation and expenses of the mediator (and except for the attorneys’ fees incurred by the parties), shall be borne by the parties equally.
Arbitration: If the parties are unable to resolve the Dispute within forty-five (45) days after the mediator has been chosen, then, upon election and action by either party, such Dispute shall be finally settled by arbitration in accordance with the terms hereof. Such arbitration may be initiated by any party serving upon the other party notice stating that the notifying party desires to have such Dispute reviewed by an arbitrator. The parties shall mutually agree upon a single arbitrator. If the parties cannot mutually agree upon an arbitrator within fifteen (15) days of either party’s request for arbitration, then upon written request by either party, the AAA shall select an arbitrator in accordance with its rules governing arbitration. The parties agree that the arbitrator chosen shall not in any manner be related to or affiliated with either of the parties. Except as otherwise set forth herein, the arbitral proceedings shall be conducted in Houston, Texas in accordance with and subject to the commercial arbitration rules of the AAA in effect from time to time. The decision in writing of the arbitrator so selected or appointed shall be final and conclusive upon both parties. The costs and expenses of arbitration, including the compensation and expenses of the arbitrator, shall be borne by the parties as the arbitrator may determine. Either party may apply to any court which has jurisdiction for an order conforming the award. Any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration Award.
Equitable Relief: Notwithstanding the preceding, the parties acknowledge that this Alternative Dispute Resolution’s section shall not preclude either party from seeking equitable relief from a court of competent jurisdiction (i.e., for a temporary or permanent injunction, etc.) necessary to protect a party’s interests upon a breach of a purchase order or these Terms and Conditions.
15 – Miscellaneous
All notices, requests, consents, and other communications under these Terms and Conditions shall be in writing and shall be deemed to have been delivered on the date personally delivered or the date deposited in the United States Postal Service, postage prepaid, by certified mail, return receipt requested, or faxed and confirmed, if addressed to the respective parties at the addresses communicated by each party to the other.
Either party hereto may designate a different address by providing written notice of
such new address to the other party hereto. All purchase orders and these Terms and Conditions shall be construed and enforced in accordance with and governed by the laws of the State of Texas, and venue for any proceeding relating to the same shall be in Houston. The waiver by one party of a breach of any provision of a purchase order or these Terms and Conditions by the other party shall not operate or be construed as a waiver of any subsequent or continuing breach by the waiving party. Customers may not transfer, assign or sublicense all or any part of a purchase order or any part of these Terms and Conditions, except with the express prior written consent of Del Rey LLC. All terms of a purchase order and all provisions of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto, including any successors or permitted assignments.
These Terms and Conditions, together with each quotation, purchase order and acknowledgement, cancel and supersede all prior negotiations and understandings between the parties relating hereto, and embody the entire agreement and understanding between Buyer and Del Rey LLC with respect to the matters covered hereby, notwithstanding the delivery of any other terms and conditions and/or similar documents or agreements by Buyer to Del Rey LLC. If there is a conflict between a provision in these Terms and Conditions and a term in a purchase order, the provision in these Terms and Conditions shall govern and control. These Terms and Conditions may be amended only by an instrument in writing executed by customer and a duly authorized executive officer of Del Rey LLC. Any additional or different terms contained within customer’s acceptance of a quotation are hereby objected to, unless such terms are specifically agreed to by Del Rey LLC in writing. In the event that a purchase order submitted by customer is characterized as an offer or counter-offer, rather than an acceptance of a quotation submitted by Del Rey LLC, any acknowledgement submitted by Del Rey LLC shall be conditioned on the assent of customer to these Terms and Conditions.