USE OF MATERIAL ON THE SITE
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio/video clips, downloads, interfaces, material, information, code, and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by its licensors, or its content providers and is protected by United States and international copyright, trademark and other applicable laws. You may only access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site, or use of the Site for purposes competitive is expressly prohibited. In addition, you may not use any data mining, robots, or similar data gathering or extraction methods on the Site or the content contained therein. We reserve the right to refuse or cancel any person's registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. All licensors or content viders, retain full and complete title to the content provided on the Site, including all associated intellectual property rights, and provide this content to you under a non-exclusive limited license that is revocable at any time in our sole discretion. We neither warrant nor represent that your use of content on this Site will not infringe rights of third parties not affiliated with us.
You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use any of our proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without duly authorized prior written consent from an authorized representative of the web stite. These marks include, but are not limited to; (v) use frames or utilize framing techniques or technology to enclose any content included on the Site; or (vi) utilize any Site content in any meta tags or any other "hidden text" techniques or technologies.
We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur and are fully responsible for all of our costs for collection (including attorneys' fees as incurred) of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity. All licensor's reserve all rights not expressly granted in these Terms.
Any use of the Site or the content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate any rights granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights.
We prides ourselves in providing exclusive, quality merchandise. Availability of merchandise may vary at our authorized retailers and on the Site. Some featured items may be available only in limited quantities or only while supplies last. Once an item is no longer available or out of stock, we may attempt to, respectively, remove the item promptly from display on the Site or list it as "out of stock," "unavailable," or the like. Display of an item on the Site is not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit again. If you are unable to locate a particular item on our Site or if you have any questions concerning the availability of a particular item, please contact our Customer Service. We will make every commercially reasonable effort to fulfill your requests whenever possible.
ACCURACY AND INTEGRITY OF INFORMATION; COLORS
We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a gift card, egift card, or PayPal account which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We may attempt to notify you by contacting you via the contact information in your Account (as defined below) or otherwise provided at the time the order was made.
QUANTITY LIMITS AND DEALER SALES
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Please note that certain orders constitute improper use of Designer Gifts and our services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at our sole discretion. We also reserve the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, reselling shall be defined as purchasing or intending to purchase any product(s) from us for the purpose of engaging in a commercial sale of that same product(s) with a third party. You may not purchase any item from or through this Site for resale by you or any other person, and you may not resell any item purchased from or through this Site.
If you wish to cancel your order, please contacting Customer Service as soon as possible. While we will try to accommodate your request, once an order has been submitted we cannot guarantee the purchase can be canceled.
ONLINE RETURN POLICY
We offer a 14 day money back guarantee. Returns can only be accepted for products purchased through this Site and a Return Authorization is required for all returns and exchanges. You may obtain a Return Authorization by submitting a request through your Account, by contacting Customer Service. Refunds will be issued to the purchaser in the same form of payment used for the original sales transaction. Credits cannot be issued until the merchandise being returned or exchanged is received. We will not accept the return of any product that has been used, or has any damage to it (e.g. unworn, no scratches, in the original packaging, original tickets, with the warranty and instruction booklet). In the event all items are not returned, we may either refuse to accept such return or exchange, or additional charges may be applied.
When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password, and any other account identifiers related to any personal account you created on the Site (the "Account"), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your e-mail address, password, or any other account identifiers related to your Account, you must notify us immediately. We may assume that any communications we receive under your e-mail address, password, via your Account, or any other Account identifiers have been made by you unless and until we receive notice otherwise.
LINKS TO OTHER WEBSITES
We make no representations whatsoever about any other website that you may access through this Site. When you access a website other than our Site, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to such websites does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the websites linked to this Site, you do this entirely at your own risk.
You agree to promptly defend, indemnify and hold Designer Gifts, and each of its directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the "Indemnified Parties") harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and professionals' fees and court costs, each as incurred, (collectively, starting with the word "losses" "Claim") in any way arising from, related to or in connection with your use of the Site, your violation of these Terms, or access by anyone accessing the Site using your Account credentials. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with the Indemnified Parties in the defense of such matter.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT AND MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DESIGNER GIFTS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE INDEMNIFIED PARTIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY DESIGNER GIFTS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE (ii) ANY INFORMATION OR OTHER CONTENT YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; (iii) YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND (iv) THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OUR REMOVAL OR DELETION OF ANY MATERIALS POSTED ON THE SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION, OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
JURISDICTION AND APPLICABLE LAW
If you have accessed this Site from anywhere in the world, these Terms are between you and Designer Gifts 4u, Inc. and are governed by the laws of the United States of America and the laws of the State of Florida. You agree that exclusive jurisdiction for any claim or dispute arising under or related to these Terms, Designer Gifts 4 U, Inc., or relating in any way to your use of the Site resides in the courts of Broward County, Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Broward County, Florida, in connection with any such dispute and including any claim involving Designer Gifts 4 U Inc. or its employees, contractors, officers, directors, telecommunication providers, and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
If you access this Site from outside of North America, you do so on your own initiative, at your own risk, and accept full and complete responsibility for your conduct.
This choice of law and venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this Section. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section.
WAIVER OF JURY TRIAL
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
ENTIRE AGREEMENT AND ADMISSIBILITYIn the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between Designer Gifts and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site. The waiver of any provision hereof shall not be considered a waiver of any other provision of these Terms. Except for the Indemnified Parties, there are no third party beneficiaries of these Terms. We have the right to transfer, assign, and delegate these Terms to one or more third parties without your permission.