Terms of service
OVERVIEW
We welcome you to DAVDESAIN! The terms "we" and "our" refer to DAVDESAIN. DAVDESAIN operates this store and website, including the information, content, features, tools, products, and services, in order to provide you, the customer, with an adequate shopping experience (the "Services"). DAVDESAIN is supported by Shopify, which enables us to provide you with the Services.
The terms and conditions below, along with any information contained therein ("Service Terms and Conditions" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms and Conditions of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty limitations and liability limitations.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
Accepting these Terms and Conditions of Service, you declare that you are of legal age in the state or province where you reside, and that you have given us consent to allow minors connected to you to use the Services on devices in your possession or purchased or managed by you.
To use the Services, including accessing or browsing online stores or purchasing products and services offered by us, you may need to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, up-to-date, and complete, and that you have all necessary rights to provide such information.
The activity of your account and the protection of your account credentials are your responsibility. You must not transfer, sell, assign, or license your account to other people.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate presentation of our products and services in our online stores. However, the display of colors and the appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions are subject to change at any time, without notice and at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered from time to time for any individual, geographic area, or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making a purchase offer. DAVDESAIN reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until DAVDESAIN confirms its acceptance. Before accepting an order, we must receive and process payment. Please carefully review your order before submitting it, as DAVDESAIN may not be able to accommodate cancellation requests after acceptance. In the event of rejection, modification, or cancellation of an order, we will notify you by contacting you via the email, billing address, and/or phone number you provided at the time of order submission.
Your purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].
You declare and guarantee that you make purchases for personal or family use and not for resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the actual price at the time the order is placed, and you can view it in the order confirmation email. Unless otherwise specified, the published prices do not include taxes or customs, shipping, handling, and import fees.
The prices published in our online stores may differ from the prices offered in physical stores or online or in other stores operated by third parties. From time to time, we may offer promotions on Services that affect prices and are subject to terms and conditions independent of these Terms. In the event of a conflict between the terms of an offer and these Terms, the terms of the offer shall prevail.
For all purchases made in our stores, you agree to provide accurate, up-to-date, and complete data related to the purchase, payment, and account. You agree to promptly update your account and other information, including email address and credit card numbers and expiration dates, in order to allow us to complete your transactions and contact you if necessary.
You declare and warrant that (i) the credit card data you provided is truthful, accurate, and complete, (ii) you have authorization to use such credit card for purchases, (iii) the charges billed to you will be honored by the credit card company, and (iv) you will pay the charges billed to you according to the published prices, including taxes for shipping and handling and all other applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping couriers, customs procedures, or events beyond our control. Once the products have been handed over to the courier, ownership and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brands, texts, visuals, images, graphics, product reviews, videos, and audio, as well as their design, selection, and organization, are the property of DAVDESAIN, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and intellectual property laws.
These Terms allow you to use the Services for exclusively personal and non-commercial use. You must not reproduce, distribute, modify, create copies, publicly display and present, republish, download, store, or transmit material related to the Services without our written consent. Except as expressly stated, these Terms do not contain anything that guarantees or may be interpreted as a license or other rights in your favor regarding patents, trademarks, copyrights, or other intellectual property of DAVDESAIN, Shopify, or third parties. Unauthorized use of the Services may result in a violation of federal and state intellectual property laws. All rights not expressly granted in this document are reserved to DAVDESAIN.
The names, logos, product and service names, designs, and slogans of DAVDESAIN are trademarks of DAVDESAIN or its affiliates or licensors. You must not use such trademarks without the written permission of DAVDESAIN. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not verify, control, or include.
You understand and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions and without any support. We have no liability arising from or related to your use of optional third-party tools.
Your use of the optional tools provided through the site is at your own risk and discretion, and you must also be aware of and accept the terms on which such tools are provided by the respective third-party providers.
In the future, we may offer new features through the Services (including the launch of new tools and resources). Such new features are to be considered part of the Services and are subject to these Terms and Conditions of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or managed by third parties (including embedded third-party features). It is not our responsibility to review or evaluate the content or accuracy of the materials or third-party websites you choose to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not responsible for any issues or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully read and understand the notices and practices of the third parties in question before making any transaction. Any claims, concerns, or questions regarding third-party products and services should be directed to the aforementioned third parties.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section details Shopify's relationship with your store and must not be removed or altered.]
DAVDESAIN is operated by Shopify, which allows us to provide you with the Services. However, the sales and purchases you make in our Store occur directly with DAVDESAIN. By using the Services, you understand and agree that Shopify is not responsible for any aspect of the sales between you and DAVDESAIN, including any injuries, damages, or losses resulting from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to the purchases and transactions you make with DAVDESAIN.
SECTION 10 - PRIVACY POLICY
All personal data we collect through the Services are subject to our Privacy Policy, available here [LINK], and certain personal data may be subject to Shopify's Privacy Policy, available here. By using the Services you confirm that you have read the above privacy notices.
Since it supports the Services, Shopify collects and processes personal data related to your access and use of the Services to provide and improve the Services for you. In order to provide and improve the Services for you, the data you send to the Services will be transmitted and shared with Shopify and third parties who may reside in countries different from yours. Please refer to our privacy policy [LINK] for more information on how we, Shopify, and our partners use your personal data.
SECTION 11 - FEEDBACK
When you send, upload, publish, email, or otherwise transmit any idea, suggestion, feedback, review, proposal, plan, or other content (generally "Feedback"), you grant us a continuous, worldwide, transferable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback by any means for any purpose, including commercial purposes. For example, we may enforce our rights under this license to manage, provide, evaluate, improve, enhance, and promote the Services, to perform obligations, and to exercise our rights as set forth in the Terms and Conditions of Service.
Furthermore, you confirm and agree that: (i) you own the necessary rights to all Feedback; (ii) you have disclosed any rewards or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not and will not be obligated to (1) keep your Feedback confidential; (2) pay you for your Feedback; (3) respond to your Feedback.
Although we are not obligated to do so, we may monitor, modify, or remove Feedback that, at our discretion, is illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of intellectual property rights or these Terms and Conditions of Service.
You confirm that your Feedback will not violate any rights of any third parties, including copyright, trademark, privacy, personality rights, and any other personal or proprietary rights. You also confirm that your Feedback will not include defamatory or otherwise illegal, offensive, or obscene content, nor will it contain viruses or other computer malware that could affect the operation of the Services or any linked website. You must not use a false email address, impersonate anyone else, or mislead us or third parties about the origin of your Feedback. Your Feedback and its accuracy are your sole responsibility. We assume no responsibility for Feedback posted by you or third parties.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
may happen that the information related to the Services or included therein contains typographical errors, inaccuracies, or omissions that may concern product descriptions, prices, offers, promotions, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update the information or cancel orders in case of errors at any time and without any notice (even after an order has been placed).
SECTION 13 - PROHIBITED USES
You may access and use the Services only for legitimate purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in illegal or malicious activities; (b) violate local, provincial, state, federal, or international laws, rules, regulations, or ordinances; (c) infringe or violate our intellectual property rights or those of others; (d) harass, oppress, insult, harm, defame, slander, disparage, intimidate, or offend our employees or anyone else; (e) transmit false or misleading information; (f) send, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) transmit or induce the sending of advertising or promotional material, including "junk mail," "chain letters," "spam," or other similar solicitations; (h) impersonate or attempt to impersonate another person or entity; (i) engage in any other conduct that prevents or inhibits others from using or accessing the Services, or that we deem dangerous to DAVDESAIN, Shopify, or the users of the Services, or exposes them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that could be used to affect the operation or functionality of the Services; (b) reproduce, duplicate, copy, sell, resell, or disclose any part of the Services; (c) collect or track the personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities; (e) interfere with or bypass the security features of the Services or their related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or suspend your access to the Services (or any part thereof) at any time at our discretion and without notice; you will remain responsible for all amounts due up to the date of termination.
The following sections will continue to be valid after termination: Intellectual Property, Feedback, Resolution, Warranty Limitation, Liability Limitation, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Applicable Laws, Privacy Policy, and any other clause that, by its nature, lasts beyond termination.
SECTION 15 - WARRANTY LIMITATION
The information presented in or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of such information. You rely on such information entirely at your own risk. We assume no responsibility for any reliance placed on such materials by you, any visitor to the Services, or anyone who may be aware of such content.
EXCEPT AS EXPRESSLY STATED BY DAVDESAIN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURATION, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DAVDESAIN, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, MERCHANTS, SERVICE PROVIDERS, OR LICENSORS OF OURS OR OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST GAINS, LOSS OF DATA, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES ARISING FROM CONTRACTUAL, SPECIAL, TORTIOUS (INCLUDING NEGLIGENCE) LIABILITY OR ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES; NOR FOR ANY OTHER CLAIMS RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT, ANY LOSSES OR DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, REGARDLESS OF NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 - COMPENSATION
You agree to indemnify, defend, and hold harmless DAVDESAIN, Shopify, and our affiliates, partners, officers, directors, employees, agents, merchants, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees payable to any third party arising from: (1) your breach of these Terms and Conditions of Service or the documents contained herein, (2) your violation of laws or third-party rights, (3) your access to and use of the Services.
We will notify you of any compensable claims, provided that the delayed notification does not relieve you of your obligations unless you are materially affected. We may handle the defense and settlement of such claims at your expense, including the choice of counsel, but we will not settle claims that require non-monetary obligations on your part without your consent (which cannot be unreasonably withheld). You will cooperate in the defense of uncompensated claims, including providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any clause of these Terms and Conditions of Service is deemed illegal, void, or unenforceable, it shall not be applicable even to the extent permitted by applicable law, and the severance of the unenforceable part from these Terms and Conditions of Service shall be considered; such a decision shall not affect the validity and enforceability of the remaining clauses.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of Shopify to exercise or enforce any right or clause of these Terms and Conditions of Service shall not constitute a waiver of such right or clause.
These Terms and Conditions of Service and any policy or operational rule published by us on this site or related to the Services constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to any previous version of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the contracting party.
SECTION 20 - ASSIGNMENT
You must not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our written consent; any attempt will be void and null. We may transfer, assign, or delegate these Terms and our rights and obligations without notifying you or obtaining your consent.
SECTION 21 - APPLICABLE LAWS
These Terms and Conditions of Service and any separate agreement under which we provide you with the Services shall be governed by and construed in accordance with the federal, state, or territorial courts in the jurisdiction where DAVDESAIN is located. You and DAVDESAIN agree to the venue and personal jurisdiction of the aforementioned courts.
SECTION 22 - TITLES
The titles used in this agreement are included for convenience only and do not limit or affect these Terms.
SECTION 23 - CHANGES TO THE TERMS AND CONDITIONS OF SERVICE
You can consult the current version of the Terms and Conditions of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of changes to any material in these Terms in accordance with applicable laws, and such changes will be effective from the date indicated in the notice. Your continued use of or access to the Services following the changes to the Terms and Conditions of Service constitutes your acceptance of those changes.
SECTION 24 - CONTACT DETAILS
Questions regarding the Terms and Conditions of Service should be sent to davdesignweb@gmail.com.
Our contact details are listed below:
DAVDESAIN
davdesignweb@gmail.com