Terms Of Use

Thank you for visiting our site (the “Site”) which is owned and operated by Ducori, LLC and Pirri Elements LLC (collectively, “Ducori”, “we”, “us”, or “our”).  When we say “you”, or “your”, we are referring to you, the user of the Site. Please read these terms of use (“Terms”) carefully before accessing our Site or purchasing our products.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS OF USE FOR YOUR USE OF THIS SITE AND ANY PURCHASES YOU MAKE FROM US.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, PROHIBITS CLASS ACTION CLAIMS, AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

THESE TERMS APPLY TO ALL USERS OF THE SITE. If you do not agree with our Terms, then you do not have the right to access, view, download or otherwise use the Site or purchase any products from us and, accordingly, you should not do so.

We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure, and protection of your personal information. Please review our Privacy Policy before using our Site or purchasing our products.

You agree to use the Site only for lawful, noncommercial purposes, and in compliance with all international, federal, state, and local laws. Except as expressly permitted by DUCORI, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of our Site.

Ownership of The Site.

The Site is owned by DUCORI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. DUCORI grants you a personal, limited, non-transferable, nonexclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and offers available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so.

Your Representations to DUCORI.

You represent and warrant that:

• You are above the legal age of majority in your jurisdiction of residence.
• You have not previously been suspended or removed from the Site.
• You do not and will not have more than one account at any given time for our Site.
• You will provide us with true, accurate, current, and complete information if you register for an account or place an order with DUCORI.

Your Account With Us.

When you create an account with us (“Account”), you are required to provide your name, street address, email address, and other demographic information, and select a password (collectively, your “Account Information”), which you must not transfer to, or share with any third party. If someone accesses our Site using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing our Site. You are solely responsible for any se of your Account Information and all orders that occur in connection with the Account.

If we believe that the information you provided to us is not true, accurate, current, or complete, or suspect any fraudulent use of our Site via automated tools or otherwise, we may deny or terminate your access to our Site.

Without limiting any of our rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, in our sole discretion, to ensure the security of our Site and your Account. This includes, without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access our Site under your Account Information that, if undertaken by you, would be deemed a violation of these Terms. You further agree not to use anyone else’s Account at any time, without the permission of that Account holder.

You should notify us immediately if you become aware that your Account Information is or has been used without authorization.

Binding Contract.

You agree that by purchasing products on our Site, you are agreeing to these Terms and entering into a binding contract with DUCORI. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.

Your total price will include the price of the product plus any applicable sales tax; such state and local sales taxes are based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where goods sold over the Internet are taxable.

Use of Site.

You may use the Site only for your own non-commercial personal use and in compliance with these Terms. Any other use of the Site requires the prior written consent of DUCORI. You are responsible for your own communications, including the transmission, uploading, or posting of information to the Site and are responsible for the consequences of such communications. You may not otherwise copy, modify, or distribute the contents of the Site without the prior written consent of DUCORI. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

Modification of Site or Terms.

DUCORI reserves the right, with or without prior notice, in its sole discretion, to limit the available quantity or discontinue any product, impose conditions on the honoring of any coupon or promotion, bar any user from making or completing any or all Transaction(s), or refuse to provide any user with any product.

We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted). In the event that a product sold is mistakenly listed at an incorrect price or an incorrect amount is charged to your payment card, DUCORI reserves the right to refuse or cancel any orders placed for the product, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, DUCORI shall issue a credit to your payment method account. Prices for any products made available through the Site are subject to change without notice.

Prohibited Use of Our Site.

You are prohibited from using our Site or any of its content (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate DUCORI’s intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on ethnicity, race, age, national origin, disability, gender, sexual orientation, or religion; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, farm, spider, crawl, or scrape; (x) for any obscene or immoral purpose; (xi) to interfere with or circumvent the security features of the Site or any related website, or the Internet; or (xii) in a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of our Site for any reason, with or without notice to you, in our sole discretion.

Consent to Receive Communications.

You expressly consent to receive and accept communications from DUCORI, including via email, text messages, and other messaging platforms (collectively, “Communications”) or other comparable means at any of the email addresses or telephone numbers you provide. You agree that we may send such Communications for any Transaction, customer service, order, or other account or order related matters, and, as applicable, for advertising, marketing or promotional purposes, or other purpose you requested or consented to.

Promotions and Special Offers.

We may provide promotions or offers for DUCORI customers such as sales, discounts, or free gift(s) with purchase.  These promotions and special offers may be subject to separate terms and conditions. In addition, for some products exclusions may apply. All promotions and special offers are valid through the stated expiration dates, may be limited to certain quantities, are valid only while supplies last, and may not apply to certain merchandise. Any required spending amount refers to the purchase price of the eligible products and does not include sales tax. Other exclusions or other restrictions may be determined and communicated by DUCORI in its sole discretion. No substitutions or cash redemption is available. DUCORI reserves the right to make the final decision with respect to any redemption or fulfillment of any promotion or special offer in its sole discretion. You agree to abide by the terms and conditions of any promotions or special offers and acknowledge that circumvention of the terms and conditions of any promotion or special offer is an unauthorized or fraudulent act. You will be liable for damages caused by any such unauthorized or fraudulent act, and DUCORI reserves the right to charge the payment method in your account an amount equal to such damages. Any and all promotions or special offers are subject to cancellation or modification at any time.

Accuracy of Information.

We are not responsible if information made available on the Site is not accurate, complete, or current. All descriptions, images, features, content, specifications, products, and prices of products described or depicted on the Site are subject to change at any time without notice.

When you purchase any product made available through the Site (each such purchase, a “Transaction”), you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your Transactions and contact you as needed.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

In the event that we make a change to or cancel your order, we may attempt to notify you by contacting the email or billing address or phone number provided at the time your order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Return or Refund Policy.

If you are unhappy with your purchase, please let us know. If you receive a damaged or defective order, we will refund it within thirty (30) days. Otherwise, we only accept unopened products returned within thirty (30) days of purchase. We will refund your purchase via your original payment method.

Third Party Links.

DUCORI may provide you with access to third-party tools or links that we have not control or input on, neither monitor, nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Any use of optional tools or links is entirely at your own risk and discretion, and we shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.

User Comments and Submissions.

If you send to us user-generated content, such as photos, videos, creative ideas, testimonials, suggestions, proposals, plans, or other materials (exclusive of your personally identifiable information), whether online via our website or any of our social media accounts (i.e., Facebook, Instagram, X (f/k/a “Twitter”),etc., by email, United States Postal Service, text message or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium. We are and shall be under no obligation to maintain any Comments in confidence; compensate you for any Comments; or respond to any Comments.

We may, but have no obligation to monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that: (i) your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right; and (ii) we disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Site. You are responsible for all Comments you contribute on our Site, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute them. You are responsible for all your activity on our Site, and you agree that we may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Use of Site by Minors Not Authorized.

The DUCORI Site is not targeted towards or intended for use by anyone under the age of 18. By agreeing to these Terms, you represent that you are over the age of eighteen (18). Anyone under the age of eighteen (18) must seek and obtain parental permission to use this Site.

Copyright Infringement.

If you believe that material or content residing on or accessible through the Site infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send anotification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further information):

• A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as your name, street address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
• If you fail to comply with all of the requirements set forth above, your DMCA notification may not be effective.

Our designated Copyright Agent to receive notifications of claimed infringement is:

DUCORI, in care of
Edward Stone Law P.C.
175 West Putnam Avenue, 2^nd Floor
Greenwich, CT 06830

Email: eddie@edwardstonelaw.com

After receiving notification of a claimed infringement, we will investigate the claim. If appropriate, we will act expeditiously to remove or disable access to material claimed to be infringing and take reasonable steps to notify the uploading user that the material has been removed or disabled at your request. This notification process does not limit our ability to exercise any other rights or pursue any other remedies it may have to address claims of infringement.

Personal Information.

Your submission of personal information through our Site is governed by our Privacy Policy.

Disclaimers.

Any information provided by us regarding the products (e.g., product descriptions, photographs, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

No Warranties – Limitation of Liability.

We attempt to display information on products on our Site as accurately as possible. However, we do not guarantee or make any representations or warranties concerning any content contained in or accessed on our Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Site. We make no representations or warranties regarding suggestions or recommendations of products offered or purchased through the Site.

The products on our site are provided on an “as-is” basis, without warranty of any kind, either express or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, and non-infringement, or any warranties that arise from trade usage. We do not warrant that the use of the site will be uninterrupted or error-free.

In no case shall DUCORI, its officers, directors, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent allowed by applicable law.

Indemnification.

You agree to indemnify and hold DUCORI and its affiliates, directors, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to your illegal use of the Site (including any actions taken by a third party using your account), your violation of these Terms, your posting of any defamatory or infringing content on the Site and your violation of any third-party rights in connection with your use of the Site. In the event of such a claim, suit, or action we will attempt to provide notice of such claim to you, using the contact information we have for your account. Any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligations hereunder.

Arbitration Agreement.

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT (the “AGREEMENT”) AND CLASS ACTION WAIVER IN THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DUCORI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DUCORI.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

1. Waiver of Jury Trial.

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to these Terms, or products sold on the Site, or to your relationship with DUCORI (collectively, “Dispute(s)”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and DUCORI agree to waive your and DUCORI’s respective rights to have any and all Disputes arising from or related to these Terms, or the Site, content or products, resolved in a court, and to waive your and DUCORI’s respective rights to a jury trial. Instead, you and DUCORI agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

1. Class Action Waiver.

You and DUCORI agree that any Dispute arising out of or related to these Terms, or products sold on the Site is personal to you and DUCORI, and that any such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of consolidated proceeding. You and DUCORI further agree to not participate in any class, consolidated proceeding brought by any third party arising out of or relating to any dispute with a third party.  These limitations and waiver of class, consolidated, or representative proceeding shall apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of DUCORI, and shall survive any termination of your account or the Site.

If it is determined that the limitations and waiver of class, consolidated, or representative proceedings set forth herein are void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the Disputes will not be subject to arbitration and must be litigated in federal court located in Greenwich, Connecticut.

If any other clause in the limitations and waiver of class, consolidated, or representative proceedings set forth in this section title are found to be illegal or unenforceable, that specific clause will be severed from this Agreement, and the remainder of its provisions will be given full force and effect.

1. Notice.

You and DUCORI agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within six (6) months of the date it arises, or the date they knew or should have known, so that the parties can attempt in good faith to resolve the Dispute informally.

Notice to DUCORI shall be sent by certified mail, to DUCORI, c/o Edward Stone Law P.C., 175 West Putnam Avenue, 2^nd Floor, Greenwich, CT 06830.

Your notice must include (a) your name, street address, telephone number, the email address you use or used for your DUCORI account and, if different, an email address at which you can be contacted; (b) a description in reasonable detail of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. Our notice to you will be sent electronically. If you and DUCORI cannot agree how to resolve your Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or DUCORI may, as appropriate and in accordance with this agreement, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.

Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and ducori agree that any arbitrable dispute must be commenced or filed by you or DUCORI within one year of the date the dispute arose, otherwise the underlying claim is permanently barred.

1. Arbitration by JAMS.

You and DUCORI agree that any arbitration will be conducted confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration will be conducted via telephonic/video hearing in a manner consistent with the JAMS rules.  Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The parties’ consent to exclusive jurisdiction and venue in the state or federal courts located in Greenwich, Connecticut or the District of Connecticut to enter judgment upon any award.

As limited by the  Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), these Terms and the applicable JAMS rules, the arbitrator will have the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other DUCORI users, and cannot be used to decide other disputes with other users.

1. Right to Opt Out of Arbitration.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms by writing to: DUCORI, c/o Edward Stone Law P.C., 175 West Putnam Avenue, 2^nd Floor, Greenwich, CT 06830. This notice must include your full name, street address, and email address and clearly indicate your intent to opt out of this arbitration Agreement.

If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such specific part(s) shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

1. Choice of Law and Jurisdiction and Venue.

These Terms and your relationship with DUCORI are governed by and will be construed pursuant to the laws of the State of Connecticut, without regard to any conflicts of laws provisions. Any Disputes arising from or relating to these Terms, or products sold on the Site, or to your relationship with DUCORI shall be finally settled in arbitration in Greenwich, Connecticut to the extent required by this Agreement. The arbitration will be conducted remotely in a manner consistent with the JAMS rules. The parties agree to exclusive jurisdiction and venue in the state or federal courts located in Greenwich, Connecticut or the District of Connecticut to resolve any Disputes not subject to arbitration as set forth herein. You and DUCORI agree that these Terms affect interstate commerce, and that the enforceability of this Agreement shall be substantively and procedurally governed by and construed and enforced in accordance with the FAA, to the maximum extent permitted by applicable law.

The failure of either you or DUCORI to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Contact Information

Questions about the Terms should be sent to us at:

Pirri Elements LLC
181 Greenwich Av
GREENWICH CT 06830 U.S.A..
Email: info@pirrielements.com

Effective Date: December 5, 2023.