Welcome to the Deals on Designers website (the “Website”). Please read these terms and conditions of use carefully before accessing any part of the Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms & Conditions of Use, as amended from time to time. All amendments and updates to these Terms and Conditions of Use are effective immediately upon notice, which we may give by any means, including but not limited to, by posting notice of the revision on the Website’s homepage. If you do not wish to agree to these Terms & Conditions of Use, do not access or use any part of this Website. You also agree that these Terms & Conditions of Use incorporate and include the Privacy Policy available HERE.
INTELLECTUAL PROPERTY
All trademarks, logos, designs, slogans, and trade dress appearing on this Website, whether or not appearing in large print, italics, or with the trademark symbol, are owned by Deals on Designers, Aveniras, or their affiliated companies or service providers, or are used under license. No right or license is granted, by implication or otherwise, to use any trademark, service mark or logo displayed on this Website or any other intellectual property rights of Deals on Designers, Aveniras, or any third party.
Deals on Designers respects the intellectual property of others, and we ask our users to do the same. Deals on Designers may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Deals on Designers at:support@dealsondesigners.com.
YOUR USE
Deals on Designers provides users with access to sales of designer resale products and related services (the “Service”). You are responsible for obtaining access to the Website or Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website.
You may not, distribute, modify, transmit, reuse, repost, or use the content of the Website or Service for public or commercial purposes, including the text, images, audio, or video, without the written permission of Deals on Designers. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used, except as provided in the Terms & Conditions of Use or in the text on the Website, without the written permission of Deals on Designers. Deals on Designers neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by, or affiliated with, Deals on Designers.
The Website and Service may provide you and other users with the ability to post content (e.g., reviews) to or for other users and non-users. Deals on Designers is under no obligation to review any such postings and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Deals on Designers may from time to time monitor the postings on the Website or Service and may decline to accept and/or remove any postings. You acknowledge that you are responsible for any postings you may submit through the Website or Service, including the legality, reliability, appropriateness, originality, and copyright of any such postings. You may not upload to, distribute or otherwise publish through this Website any posting that contains software viruses or malware; infringes on the rights of any third party, including intellectual property, privacy or publicity rights; is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by Deals on Designers in its sole discretion; or contains advertisements or solicitations for business. By transmitting or posting communications or materials to the Website, you grant Deals on Designers a perpetual, royalty-free license to use the communications or materials for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Deals on Designers is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the Website, for any purpose whatsoever, including, but not limited to improving the Service and Website.
Deals on Designers reserves the right to take whatever lawful actions it may deem appropriate in response to an actual or suspected violation of these Terms & Conditions of Use, including without limitation, suspending or terminating any account you have created on this Website.
YOUR ACCOUNT
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify Deals on Designers immediately of any unauthorized use of your account or any other breach of security. Deals on Designers reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Deals on Designers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Deals on Designers has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof).
ELECTRONIC COMMUNICATIONS
When you use the Website or Service or send emails to Deals on Designers, you are communicating with Deals on Designers electronically. You consent to receive communications electronically from Deals on Designers and affiliates. Deals on Designers will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
LINKS TO THIRD-PARTY WEBSITES
The Website or third parties may provide links to other websites or resources. Because Deals on Designers has no control over such sites and resources, you acknowledge and agree that Deals on Designers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Deals on Designers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
AUTHENTICATION AND BRANDS
You acknowledge and agree with Deals on Designers’ authentication process of luxury brands, Deals on Designers’ authentication process is in-house and impartial and if we can not verify the authenticity of an item, the item will not be listed on Deals on Designers website. Brands sold on the Website are not partnered or affiliated with Deals on Designers in any manner. However, Deals on Designers fully cooperates with brands seeking to track down the source of counterfeit items.
PRODUCT DESCRIPTION
While we strive to be as accurate as possible, Deals on Designers does not guarantee that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have taken every precaution to list all of the descriptions, colors, measurements, and styles as correct as possible. We are unable to promise that your electronic device’s display of any color or style will be accurate. If a product offered by Deals on Designers is not as described, your only solution is to contact us at support@dealsondesigners.com and request a return. Please refer to our Return Policy on everything you need to know about returns and refunds.
DISCLAIMER OF WARRANTY
THE INFORMATION ON THIS WEBSITE AND THE PRODUCTS PURCHASED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEALS ON DESIGNERS, ITS AFFILIATES AND SERVICE PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, PRODUCTS PURCHASED ON THE WEBSITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEALS ON DESIGNERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEALS ON DESIGNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. YOU ALSO AGREE THAT DEALS ON DESIGNERS’ LIABILITY IS CAPPED AT THE VALUE OF THE PRODUCT PURCHASED BY YOU ON THIS WEBSITE. IN THE EVENT THAT YOU ARE UNSATISFIED WITH A PRODUCT YOU PURCHASED ON THIS WEBSITE, PLEASE CONSULT THE RETURN POLICY AVAILABLE HERE.
INDEMNITY
You will indemnify and hold harmless Deals on Designers, its affiliates, subsidiaries, representatives, directors, officers, and employees from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by such parties, and shall defend such parties against any and all claims arising out of (1) your breach of these Terms & Conditions of Use; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. of foreign law or the rights of a third party. Deals on Designers shall control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Deals on Designers.
GOVERNING LAW
These Terms & Conditions of Use shall be governed in all respects by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in or near Nassau County with respect to any action arising in connection with the Website.
FORCE MAJEURE
Deals on Designers shall be excused from performance under these Terms & Conditions of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Deals on Designers. In the event that Deals on Designers is temporarily unable to ship to you a purchased item because of such an event, Deals on Designers will give you the option of deferring shipment or receiving a refund of your charges.
SALES TAX
Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is the buyer's responsibility to ascertain and pay all taxes due. Buyers claiming exemption from sales tax must have the appropriate documentation on file with Deals on Designers prior to the release of the item.
CONTACT US
If you wish to contact us about the Terms & Conditions of Use, please do so by contacting us at support@dealsondesigners.com.