Policies
Welcome:
Dominique Ansari designs are made to perfection to fit and hug the natural curves of a woman's body. The soft fabric allows for fluid movement and comfortable wear.
Our garments are unique in color, cut, and style. We offer a variety of different and unique styles in an array of contrasting and solid color combination for our spring and fall collections. We hope to satisfy our market customers in need of finding that perfect garment that makes you feel the way a woman should.
Payment
Methods:
PayPal is the preferred payment.
Shipping
Methods:
USPS Priority Shipping for Domestic orders
USPSInternational Priority
Refunds and Exchanges:
Exchanges must be made within 7 days of purchase (you have 3-4 days to decide if you like it ) and can be exchanged for a product of equal value, shipping will be at buyer's cost for exchanges and you must included a pre-paid shipping label from your nearest post office center before exchanged product can be shipped back to you. For One of a kinds, we
do not do refunds or exchanges. For swimwear products there are also no Refunds or exchanges, swimwear purchases are final, so please consider your sizing options before purchase; if you're not sure which size to choose, please consult with us before you order.
All exchange requests must be emailed to info@dominiqueansari.com 24-48 hours upon receiving product stating reason, name of product, buyer information (address, phone, etc.), product style #, Price, Purchase date, and item, color, or size you want to be exchanged for. All original Tags must be attached to garment in order to receive any exchanges or defective product refunds.
Unfortunately at this moment, we cannot offer refunds on purchases for "change of mind" so please check measurements and color choice clearly. Any proven defaults or defectives will be refunded on the return of the garment. If garment is not proven defective, garment will be returned to buyer or buyer will have the choice of exchange if not satisfied. If garment should be proven defective, refund will be given.
Additional Information
Additional policies:
PLEASE be aware that colors may vary slightly due to computer screen differences. I will not accept returns based on coloring difference.
I can only accept returns if the garment has something physically wrong with it...like a stain, tear, etc. To my knowledge all of my items are in perfect condition.
Shipping fees are not refundable. The customer must pay for shipping of the returned item to me and the pre-paid shipping of your new/altered item back to you.
For custom colors please email info@dominiqueansari.com as we need exact details as to where the color changes will be made, photo of this change will be emailed to you for approval and once approve production will begin, add $50 extra for custom colors. Custom colors are chosen by you from the color choices provided as given by each product.
Thanks and Happy Shopping!
Terms of Service
Site Terms and Conditions of Use
1.
User's Acknowledgment and Acceptance of Terms
Dominique
Ansari ("Us" or "We") provides the Dominique Ansari site and various
related services (collectively, the "site") to you, the user, subject to
your compliance with all the terms, conditions, and notices contained
or referenced herein (the "Terms of Use"), as well as any other written
agreement between us and you. In addition, when using particular
services or materials on this site, users shall be subject to any posted
rules applicable to such services or materials that may contain terms
and conditions in addition to those in these Terms of Use. All such
guidelines or rules are hereby incorporated by reference into these
Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE,
PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS
SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE
ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE
PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON
COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are
effective as of 2010. We expressly reserve the right to change these
Terms of Use from time to time without notice to you. You acknowledge
and agree that it is your responsibility to review this site and these
Terms of Use from time to time and to familiarize yourself with any
modifications. Your continued use of this site after such modifications
will constitute acknowledgment of the modified Terms of Use and
agreement to abide and be bound by the modified Terms of Use.
As
used in these Terms of Use, references to our "Affiliates" include our
owners, subsidiaries, affiliated companies, officers, directors,
suppliers, partners, sponsors, and advertisers, and includes (without
limitation) all parties involved in creating, producing, and/or
delivering this site and/or its contents.
2. Description of
Services
We make various services available on this site
including, but not limited to, We provide exceptional clothing as in
dresses, rompers, evening gowns, jumpsuits, jackets, custom made for
exclusive clients only., and other like services. You are responsible
for providing, at your own expense, all equipment necessary to use the
services, including a computer, modem, and Internet access (including
payment of all fees associated with such access).
We reserve the
sole right to either modify or discontinue the site, including any of
the site?s features, at any time with or without notice to you. We will
not be liable to you or any third party should we exercise such right.
Any new features that augment or enhance the then-current services on
this site shall also be subject to these Terms of Use.
3.
Registration Data and Privacy
In order to access some of the
services on this site, you will be required to use an account and
password that can be obtained by completing our online registration
form, which requests certain information and data ("Registration Data"),
and maintaining and updating your Registration Data as required. By
registering, you agree that all information provided in the Registration
Data is true and accurate and that you will maintain and update this
information as required in order to keep it current, complete, and
accurate.
You also grant us the right to disclose to third parties
certain Registration Data about you. The information we obtain through
your use of this site, including your Registration Data, is subject to
our Privacy Policy, which is specifically incorporated by
reference into these Terms of Use.
4. Conduct on Site
Your
use of the site is subject to all applicable laws and regulations, and
you are solely responsible for the substance of your communications
through the site. By posting information in or otherwise using any
communications service, chat room, message board, newsgroup, software
library, or other interactive service that may be available to you on or
through this site, you agree that you will not upload, share, post, or
otherwise distribute or facilitate distribution of any content --
including text, communications, software, images, sounds, data, or other
information -- that:
a. is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another?s privacy, tortious, contains explicit or graphic descriptions
or accounts of sexual acts (including but not limited to sexual language
of a violent or threatening nature directed at another individual or
group of individuals), or otherwise violates our rules or policies;
b.
victimizes, harasses, degrades, or intimidates an individual or group
of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
c. infringes on any patent,
trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
d. constitutes unauthorized or
unsolicited advertising, junk or bulk email (also known as "spamming"),
chain letters, any other form of unauthorized solicitation, or any form
of lottery or gambling;
e. contains software viruses or any other
computer code, files, or programs that are designed or intended to
disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access
to any data or other information of any third party; or
f.
impersonates any person or entity, including any of our employees or
representatives.
We neither endorse nor assume any liability for
the contents of any material uploaded or submitted by third party users
of the site. We generally do not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive services
that may be available on or through this site. However, we and our
agents have the right at their sole discretion to remove any content
that, in our judgment, does not comply with these Terms of Use and any
other rules of user conduct for our site, or is otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or
delay in removing such content. You hereby consent to such removal and
waive any claim against us arising out of such removal of content. See
"Use of Your Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on
this site infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party.
In
addition, you may not use your account to breach security of another
account or attempt to gain unauthorized access to another network or
server. Not all areas of the site may be available to you or other
authorized users of the site. You shall not interfere with anyone else's
use and enjoyment of the site or other similar services. Users who
violate systems or network security may incur criminal or civil
liability.
You agree that we may at any time, and at our sole
discretion, terminate your membership, account, or other affiliation
with our site without prior notice to you for violating any of the above
provisions. In addition, you acknowledge that we will cooperate fully
with investigations of violations of systems or network security at
other sites, including cooperating with law enforcement authorities in
investigating suspected criminal violations.
5. Third Party
Sites and Information
This site may link you to other sites on
the Internet or otherwise include references to information, documents,
software, materials and/or services provided by other parties. These
sites may contain information or material that some people may find
inappropriate or offensive. These other sites and parties are not under
our control, and you acknowledge that we are not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect
of the content of such sites, nor are we responsible for errors or
omissions in any references to other parties or their products and
services. The inclusion of such a link or reference is provided merely
as a convenience and does not imply endorsement of, or association with,
the site or party by us, or any warranty of any kind, either express or
implied.
6. Intellectual Property Information
Copyright
(c) Dominique Ansari All Rights Reserved.
For purposes of
these Terms of Use, "content" is defined as any information, data,
communications, software, photos, video, graphics, music, sounds, and
other material and services that can be viewed by users on our site.
This includes message boards, chat, and other original content.
By
accepting these Terms of Use, you acknowledge and agree that all
content presented to you on this site is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws,
and is the sole property of Dominique Ansari and/or its Affiliates. You
are only permitted to use the content as expressly authorized by us or
the specific content provider. Except for a single copy made for
personal use only, you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any documents or information from
this site in any form or by any means without prior written permission
from us or the specific content provider, and you are solely responsible
for obtaining permission before reusing any copyrighted material that
is available on this site. Any unauthorized use of the materials
appearing on this site may violate copyright, trademark and other
applicable laws and could result in criminal or civil penalties.
Neither
we or our Affiliates warrant or represent that your use of materials
displayed on, or obtained through, this site will not infringe the
rights of third parties. See "User?s Materials" below for a description
of the procedures to be followed in the event that any party believes
that content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right
of any party.
All custom graphics, icons, logos and service names
are registered trademarks, trademarks or service marks of Dominique
Ansari or its Affiliates. All other trademarks or service marks are
property of their respective owners. Nothing in these Terms of Use
grants you any right to use any trademark, service mark, logo, and/or
the name of Dominique Ansari or its Affiliates.
7. Unauthorized
Use of Materials
Subject to our Privacy Policy, any
communication or material that you transmit to this site or to us,
whether by electronic mail, post, or other means, for any reason, will
be treated as non-confidential and non-proprietary. While you retain all
rights in such communications or material, you grant us and our agents
and affiliates a non-exclusive, paid-up, perpetual, and worldwide right
to copy, distribute, display, perform, publish, translate, adapt,
modify, and otherwise use such material for any purpose regardless of
the form or medium (now known or not currently known) in which it is
used.
Please do not submit confidential or proprietary information
to us unless we have mutually agreed in writing otherwise. We are also
unable to accept your unsolicited ideas or proposals, so please do not
submit them to us in any circumstance.
We respect the intellectual
property of others, and we ask you to do the same. If you or any user
of this site believes its copyright, trademark or other property rights
have been infringed by a posting on this site, you or the user should
send notification to our Designated Agent (as identified below)
immediately. To be effective, the notification must include:
1.
Identify in sufficient detail the copyrighted work that you believe has
been infringed upon or other information sufficient to specify the
copyrighted work being infringed).
2. Identify the material that
you claim is infringing the copyrighted work listed in item #1 above.
3.
Provide information reasonably sufficient to permit us to contact you
(email address is preferred).
4. Provide information, if possible,
sufficient to permit us to notify the owner/administrator of the
allegedly infringing webpage or other content (email address is
preferred).
5. Include the following statement: "I have a good
faith belief that use of the copyrighted materials described above as
allegedly infringing is not authorized by the copyright owner, its
agent, or the law."
6. Include the following statement: "I swear,
under penalty of perjury, that the information in the notification is
accurate and that I am the copyright owner or am authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed."
7.
Sign the paper.
8. Send the written communication to the
following address:
Designated Agent for Claimed Infringement:
Contact: Dominique Ansari
Address:1547 E. Philadelphia Street, Unit 26,Ontario, CA 91761
Email: info@dominiqueansari.com
You acknowledge and agree that
upon receipt of a notice of a claim of copyright infringement, we may
immediately remove the identified materials from our site without
liability to you or any other party and that the claims of the
complaining party and the party that originally posted the materials
will be referred to the United States Copyright Office for adjudication
as provided in the Digital Millennium Copyright Act.
8.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS
SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND
MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM
US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM
MISTAKES, ERRORS OR DEFECTS.THIS SITE COULD INCLUDE TECHNICAL OR
OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE
CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES
AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND
WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.THE
USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY
MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES.Through your use of the site, you may have the
opportunities to engage in commercial transactions with other users and
vendors. You acknowledge that all transactions relating to any
merchandise or services offered by any party, including, but not limited
to the purchase terms, payment terms, warranties, guarantees,
maintenance and delivery terms relating to such transactions, are agreed
to solely between the seller or purchaser of such merchandize and
services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS
EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND
AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE
FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US
OR ANY OTHER OF OUR AFFILIATES.
Content available through this
site often represents the opinions and judgments of an information
provider, site user, or other person or entity not connected with us. We
do not endorse, nor are we responsible for the accuracy or reliability
of, any opinion, advice, or statement made by anyone other than an
authorized Dominique Ansari spokesperson speaking in his/her official
capacity. Please refer to the specific editorial policies posted on
various sections of this site for further information, which policies
are incorporated by reference into these Terms of Use.You
understand and agree that temporary interruptions of the services
available through this site may occur as normal events. You further
understand and agree that we have no control over third party networks
you may access in the course of the use of this site, and therefore,
delays and disruption of other network transmissions are completely
beyond our control. You understand and agree that the services
available on this site are provided "AS IS" and that we assume no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings. SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR
AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT
BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH
THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS
THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF
ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon
a request by us, you agree to defend, indemnify, and hold us and our
Affiliates harmless from all liabilities, claims, and expenses,
including attorney?s fees, that arise from your use or misuse of this
site. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with us in asserting any
available defenses.
11. Security and Password
You are
solely responsible for maintaining the confidentiality of your password
and account and for any and all statements made and acts or omissions
that occur through the use of your password and account. Therefore, you
must take steps to ensure that others do not gain access to your
password and account. Our personnel will never ask you for your
password. You may not transfer or share your account with anyone, and we
reserve the right to immediately terminate your account if you do
transfer or share your account.
12. Participation in Promotions
From
time to time, this site may include advertisements offered by third
parties. You may enter into correspondence with or participate in
promotions of the advertisers showing their products on this site. Any
such correspondence or promotions, including the delivery of and the
payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or
promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such
correspondence or promotion.
13. E-mail, Messaging, Blogging,
and Chat Services
We may make email, messaging, blogging, or
chat services (collectively, "Communications") available to users of our
site, either directly or through a third-party provider. We make
available separate supplemental agreements characterizing the
relationship between you and us that, except where expressly noted or
contradictory, includes these Terms.We will not inspect or
disclose the contents of private Communications except with the consent
of the sender or the recipient, or in the narrowly-defined situations
provided under the Electronic Communications Privacy Act, or as other
required by law or by court or governmental order. Further information
is available in our Privacy Policy.
We may employ automated
monitoring devices or techniques to protect our users from mass
unsolicited communications (also known as "spam") and/or other types of
electronic communications that we deem inconsistent with our business
purposes. However, such devices or techniques are not perfect, and we
will not be responsible for any legitimate communication that is
blocked, or for any unsolicited communication that is not blocked.
Mailboxes
may have a limited storage capacity. If you exceed the maximum
permitted storage space, we may employ automated devices that delete or
block email messages that exceed the limit. We will not be responsible
for such deleted or blocked messages.
14. International Use
Although
this site may be accessible worldwide, we make no representation that
materials on this site are appropriate or available for use in locations
outside the United States, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access
this site from other locations do so on their own initiative and are
responsible for compliance with local laws. Any offer for any product,
service, and/or information made in connection with this site is void
where prohibited.
15. Termination of Use
You agree
that we may, in our sole discretion, terminate or suspend your access to
all or part of the site with or without notice and for any reason,
including, without limitation, breach of these Terms of Use. Any
suspected fraudulent, abusive or illegal activity may be grounds for
terminating your relationship and may be referred to appropriate law
enforcement authorities.
Upon termination or suspension,
regardless of the reasons therefore, your right to use the services
available on this site immediately ceases, and you acknowledge and agree
that we may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further
access to such files or this site. We shall not be liable to you or any
third party for any claims or damages arising out of any termination or
suspension or any other actions taken by us in connection with such
termination or suspension.
16. Governing Law
This
site (excluding any linked sites) is controlled by us from our offices
within the California, United States of America. It can be accessed from
all 50 states, as well as from other countries around the world. As
each of these places has laws that may differ from those of California,
by accessing this site both of us agree that the statutes and laws of
the State of California, without regard to the conflicts of laws
principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the
use of this site and the purchase of products and services available
through this site. Each of us agrees and hereby submits to the exclusive
personal jurisdiction and venue any court of competent jurisdiction
within the State of California with respect to such matters.
17.
Notices
All notices to a party shall be in writing and shall
be made either via email or conventional mail. Notices to us must be
sent to the attention of Customer Service at info@dominiqueansari.com,
if by email, or at 1547 E. Philadelphia Street, Unit 26,Ontario, CA 91761 if by conventional mail. Notices to you may be sent to the address
supplied by you as part of your Registration Data. In addition, we may
broadcast notices or messages through the site to inform you of changes
to the site or other matters of importance, and such broadcasts shall
constitute notice to you at the time of sending.
18. Entire
Agreement
These terms and conditions constitute the entire
agreement and understanding between us concerning the subject matter of
this agreement and supersedes all prior agreements and understandings of
the parties with respect to that subject matter. These Terms of Use may
not be altered, supplemented, or amended by the use of any other
document(s). Any attempt to alter, supplement or amend this document or
to enter an order for products or services which are subject to
additional or altered terms and conditions shall be null and void,
unless otherwise agreed to in a written agreement signed by you and us.
To the extent that anything in or associated with this site is in
conflict or inconsistent with these Terms of Use, these Terms of Use
shall take precedence.
19. Miscellaneous
In any
action to enforce these Terms of Use, the prevailing party will be
entitled to costs and attorneys? fees. Any cause of action brought by
you against us or our Affiliates must be instituted with one year after
the cause of action arises or be deemed forever waived and barred.
You
may not assign your rights and obligations under these Terms of Use to
any party, and any purported attempt to do so will be null and void. We
may free assign our rights and obligations under these Terms of Use.
You
agree not to sell, resell, reproduce, duplicate, copy or use for any
commercial purposes any portion of this site, or use of or access to
this site. In addition to any excuse provided by applicable law,
we shall be excused from liability for non-delivery or delay in delivery
of products and services available through our site arising from any
event beyond our reasonable control, whether or not foreseeable by
either party, including but not limited to, labor disturbance, war,
fire, accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond our
reasonable control, whether or not similar to those which are enumerated
above.
If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in
full force and effect. Any failure by us to enforce or exercise
any provision of these Terms of Use or related rights shall not
constitute a waiver of that right or provision.
20. Contact
Information
Except as explicitly noted on this site, the
services available through this site are offered by Dominique Ansari, the Designer, located at 1547 E. Philadelphia Street, Unit 26,Ontario, CA 91761. If you notice that any user is violating these Terms of
Use, please contact us at info@dominiqueansari.com.
Terms and
Conditions of Sale
1. Sale and Purchase of Goods
Dominique
Ansari ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree
to purchase, goods of the description and quantity described on the
checkout window ("Checkout") and incorporated herein by this reference
("Goods") on the terms and conditions set forth in this Agreement.
2.
Purchase Price
Buyer agrees to pay the Purchase Price of the
Goods as posted on this website attached hereto.
3. Payment
Terms
The total amount of the Purchase Price shall be payable
in full by Buyer according to the payment due date stated at Checkout.
Any portion of the Purchase Price unpaid past thirty (30) days shall be
considered overdue. All amounts past due are subject to a late charge of
the lesser of one and one-half percent (1 1/2%) per month (being
eighteen percent (18%) per annum) or the highest lawful rate. In
addition, Seller shall have the right to pursue any remedies available
at law or as provided herein and shall be entitled to reimbursement from
Buyer for Seller's costs of collection, including attorney fees, legal
fees and costs and disbursements.
4. Delivery
Unless
otherwise agreed in writing, delivery shall be made in accordance with
Seller's shipping policy in effect on the date of shipment. Delivery
dates provided by Seller are estimates only. Seller will make reasonable
efforts to deliver in accordance with such dates; however, Seller will
not be liable for failure to deliver as estimated. Unless otherwise
agreed in writing by Seller, Goods shall be packaged according to
Seller's standards and practices.
5. Disclaimer of Warranty/Limitation of Liability
Seller
undertakes no responsibility for the quality of the Goods or that the
Goods will be fit for any particular purpose for which Buyer may be
buying the Goods, except as otherwise provided in this Agreement, and
Seller disclaims all other warranties and conditions, express or
implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE
REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE
LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT
EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA,
INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD
PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF
CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY
DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY
LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR
OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE
LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY
KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND
CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS ACTUALLY
DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY
WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF
SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY,
OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS
INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS
OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS.
7. Force
Majeure
Seller shall not be held responsible for any failure
of performance to make timely delivery of all or any part of the Goods
in the event such failure was due, in whole or in part, to federal,
provincial or municipal action, statute, ordinance or regulation, strike
or other labor trouble, fire or other damage to or destruction of, in
whole or in part, the Goods or the manufacturing facility for the Goods,
the lack of or inability to obtain raw materials, labor, fuel,
electrical power, water or supplies, or any other cause, act of God,
contingency or circumstances not subject to the reasonable control of
Seller, which causes delays or hinders the manufacture or delivery of
Goods. Seller shall determine in good faith the extent to which it can
reasonably control a cause, contingency, or circumstance that affects
the performance of its obligations.
8. General
Buyer
may not assign this Agreement without Seller's written consent. Seller
is the sole intended beneficiary of this Agreement. If there is any
inconsistency between this Agreement and any other agreement included
with or relating to the Goods, this Agreement shall govern. This
Agreement may not be modified, altered or amended without the written
agreement of Seller. Any additional or altered terms attached to any
order submitted by Buyer shall be null and void, unless expressly agreed
to in writing by Seller. If any term of this Agreement is illegal or
unenforceable, the legality and enforceability of the remaining
provisions shall not be affected or impaired. This Agreement shall be
interpreted under the laws of the State of Virginia, without giving
effect to conflicts-of-law rules; and in the event of a dispute under
this Agreement; Buyer submits to the exclusive jurisdiction and venue of
the courts of the Commonwealth of Virginia and hereby waives any
objection to such jurisdiction and venue
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