WEBSITE TERMS OF SERVICE POLICIES AND CONDITIONS
Please read the Terms of Service Policies and Conditions and check back often to ensure that you have read the most recent version. Dama Talya, LLC reserves the right to change its Terms of Service Policies and Conditions at any time and at its own discretion.
If you do not agree to any policy outlined below, or any change thereto, then you must immediately stop using the Dama Talya, LLC website. In using this website, you are deemed to have read and agreed to the following:
The following Terms of Service Policies and Conditions constitute an agreement between DAMA TALYA, LLC ("DT", "we", "our", "us") and you, the user, governing your access and use of all content available at the DAMA TALYA, LLC website www.damatalya.com, or any other website of DT (the "Site").
If any of these Terms of Service Policies and Conditions, as set forth below, should be determined to be invalid, illegal or unenforceable, for any reason, by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms of Service Policies and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
This site is intended for use only by adults who are 18 years or older. By accessing and using this site, you are confirming that you are an adult.
NOTICE: DT may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable methods to the address you have provided to DT.
We only collect personal information from you when you: (1) register on the Site; (2) contact us; and (3) order products and services. This personal information may be collected from you during either online or off-line transactions or contact with us. DT will use Google Analytics to track user data.
You may access any personal information you provide to us, correct or modify any such personal information, or direct us to make no further use of your personal information. To do so, please send an email with your request to email@example.com.
We may use the information we collect from and about you for any of the following purposes: (1) to fulfill your requests for products and services; (2) to provide you with targeted offers and advertising on the Site; (3) to contact you with information and promotional materials and offers from our company; (4) to contact you when necessary; (5) to address problems with the Site, our company, or our products and services; and/or (6) to protect the security or integrity of the Site and our company.
Your email information will not be sold or given to third parties other than as described herein and will only be retained as part of your user account. However, you agree that we may use personal information provided by you in order to conduct appropriate identity and anti fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Where there is a legal obligation requiring our response, we may disclose your personal information to any relevant law enforcement or regulatory body.
We do not represent, warrant, and/or guarantee that your personal information will remain secure. We cannot and do not guarantee that your personal information will always remain private. We may use your personal information for our own internal marketing and demographic studies, together with non-personal data, to monitor customer patterns in order to enable us to improve our site design to meet our customer’s needs.
We do not direct the Site to, nor do we knowingly collect any personal information from, children under the age of eighteen.
REGISTRATION AND CREATION OF USER ACCOUNT
When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. You will be given the opportunity to opt out of receiving information about us, our promotions and products, and upcoming special offers and events. Should any of your registration information change, please notify us immediately at the following email address firstname.lastname@example.org.
The account password you provide should contain at least six characters, and at least one number and one letter. You must notify DT immediately, at email@example.com, of any breach of security or un-authorized use of your account. Although DT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for DT's losses or others due to such unauthorized use.
PURCHASE ORDERS AND PRICING
The purchase of merchandise through the DT site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Louisiana.
In order to make purchases on the Site you will be required to provide your real name, date of birth, residential address, phone number, and email address. You will be required to provide payment details that you represent and warrant are valid and correct.
The Site is available only to individuals who have been issued a valid credit card by a bank acceptable to DT, and who have authorized DT to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.
All orders are subject to acceptance and availability. DT offers products for sale that are in stock. At times, we may be waiting for shipments from our manufacturer(s).
Prices shown on the Site are in United States Dollars and do not include taxes and shipping. Taxes and shipping will be calculated for you as you checkout. You will be given an opportunity to review the total of your order, including taxes and shipping, prior to confirming your purchase. Prices are subject to change at any time before your order is complete. The purchase of items from DT will be complete and the transaction perfected when we ship the goods to you.
DT reserves the right not to accept your order or refuse service to anyone, at any time, at DT’s sole discretion, and for any reason whatsoever. We will not be liable to you for refusing to process a transaction or halting any transaction after processing has begun.
In the event that a DT item is mistakenly listed at an incorrect price, DT reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DT reserves the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DT shall issue a credit to your credit card account in the amount of the incorrect price.
METHODS OF PAYMENT
Payment for purchases made on this Site can be made by Visa, MasterCard, American Express, and Discover credit cards, as well as using a PayPal Account. You confirm that the credit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it. If the issuer of the credit card refuses to authorize payment to DT, DT may delay or refuse to deliver the item(s) purchased.
DT has taken reasonable and standard precautions to make our Site secure. When you register and set up an account on the Site, we will securely store your payment method and payment details in a fully encrypted manner and will only use the stored information to process transactions that you have confirmed. We are not liable for any loss you may suffer if a third party obtains unauthorized access to any data you provide when accessing or ordering purchases from DT’s Site.
SHIPMENT AND DELIVERY
DT does not require a signature for any goods delivered unless requested by you during checkout in your shipping details. Unless otherwise specified, DT can leave your shipment outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. DT is released and indemnified from liability for any loss or damage that may result from leaving a shipment at your shipping address without obtaining a signature. Estimated delivery times are to be used as a guide only. DT is not responsible for any delays caused by the third party shipper’s processes. DT only ships to addresses in the United States or United States Territories.
RETURNS AND EXCHANGES
If you are not satisfied, you may return the item(s) you purchased from www.damatalya.com by mail within 30 days from the Invoice Date located on the invoice shipped with your purchase, for a full refund.
DAMA TALYA - Returns
4440 Chastant Street
Metairie, LA 70006
Please fully complete and include the Return Invoice form with your returned item(s). If you would like your garment exchanged for a different size or color, or would like a different item, you will need to return your item(s) and place a new order. To ensure your garment will not be sold out, please order your replacement prior to sending back your return.
All returned items will be inspected upon receipt of your return. The returned item(s) must be in the original condition, with all hangtags and labels attached, and may not be washed, worn, or damaged. Any items returned in any other condition than that in which it was sent to you will not be eligible for return and will be shipped back to you with an additional shipping charge.
You are responsible for selecting your preferred shipping carrier and method. We highly recommend that you choose a carrier that can insure and track your returned package(s). DT is not responsible for any lost or damaged packages. The postmark date must be clearly marked and visible on the front side of your package. Please be sure to keep your shipping receipt.
All sale items purchased on www.damatalya.com are final sales and cannot be returned.
Please allow 14 business days from our receipt of your merchandise for processing your return. Credit card refunds will be placed on the original credit card used for purchase. If you purchased your order through PayPal, your PayPal account will be credited once your return is received and processed.
SHIPPING AND HANDLING COSTS WILL NOT BE REFUNDED.
If you have any questions or concerns please contact us at firstname.lastname@example.org.
An order may be cancelled anytime prior to the order being processed and prepared for shipping. If you wish to cancel an order, you must contact us immediately. Please contact DT by email at email@example.com or by calling us toll-free at 855/354-8727.
INTELLECTUAL PROPERTY RIGHTS
By using this Site, you acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including all HTML and other code contained in this Site, shall remain at all times vested in DT and are the property of its respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by DT and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. Content is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. DT tries to ensure that the information on this Site is accurate and complete. DT does not warrant or represent that DT's Content is accurate, error-free or reliable, or that your use of DT's Content will not infringe rights of third parties. Your use of the Site is solely at your own risk. DT does not warrant that the functional aspects of the Site or DT's Content will be error free or that this Site, DT Content, or the server that makes it available are free of viruses or other harmful components. If your use of this Site or DT's Content results in the need for servicing or replacing property, material, equipment or data, DT is not responsible for those costs. Without limiting the foregoing, everything on the Site is provided to you "as is" and "as available”, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. DT and its suppliers make no warranties about DT Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. DT reserves the right to withdraw, temporarily or permanently, any Content from this Site, at any time and for any reason. Removal may be immediate and without notice. You confirm that DT is not liable to you or any third party for any such withdrawal.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated, are their own and do not necessarily reflect the views of DT. We accept no responsibility for any such views expressed in any media.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.
Use of this Site is at the user’s sole risk. You agree that you will be personally responsible for your use and activity on this Site. We reserve the right to deny you access to this Site, at any time, without notice. You agree that you shall not remove, obscure, or alter any proprietary rights notices which may be affixed to or contained within the Site. You agree not to collect any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
While DT will use reasonable efforts to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied, in relation to its accuracy. This Site is provided on an "as is" and "as available" basis and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site, including, but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted; is timely, secure or error-free; that defects will be corrected; or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and/or reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these Terms of Service shall limit your rights as a consumer under the laws of the State of Louisiana.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our alleged negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case, whether or not such losses were incurred by that party, arising out of or in connection with the provisions of any matter under the Terms of Service.
At our request, you agree fully to defend, indemnify and hold harmless DT, immediately on demand, and its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Service by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms of Service and your use of the Site and the services provided.
If a dispute arises as a result of use of this Site or a purchase from DT, we agree to first try to resolve the matter privately. In the event a dispute cannot be resolved, it is hereby agreed that the dispute shall be referred to an arbitrator in Jefferson Parish, Louisiana, for arbitration in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
You agree by using this Site that the Terms of Service and outlined conditions constitute the entire agreement between you and DT.