Terms of Service
DONNA HOURANI PRIVACY STATEMENT
Terms of Service
DONNA HOURANI PRIVACY STATEMENT
IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF DONNA HOURANI, INC. AND ITS AFFILIATES ("DONNA HOURANI") IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
GENERAL TERMS OF SERVICE
THESE TERMS AND CONDITIONS OF USE ARE YOUR CONTRACT WITH DONNA HOURANI. PLEASE REVIEW CAREFULLY.
These Terms of Service (“Terms”) set forth the legal terms and conditions governing (i) your use of the online and mobile website located at http//www.donnahourani.com (the “Website”), owned and operated by Donna Hourani, Inc., a Dubai corporation, or one of its affiliates or subsidiaries (collectively referred to herein, solely for ease of reference, as “Company”, “us”, “our” or “we”) and, (ii) the purchase of products from the Website (“Products”). Your use of the Website and associated services (“Services”), including your purchase of our Products from the Website, confirms your unconditional agreement to be bound by these Terms and your use is subject to your continued compliance with these Terms. If you do not agree to be bound by these Terms, you may not access or otherwise use Website and/or the Services.
You should print a copy of these terms of service for future reference.
Use of your personal information submitted to or via the Website is governed by our Privacy Statement, which is located at http://www.donnahourani.com/privacy (“Privacy Statement”) and is incorporated herein by this reference.
WE MAY AMEND OR REVISE THESE TERMS AT ANY TIME. YOUR CONTINUED ACCESS AND USE OF WWW.DONNAHOURANI.COM FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL BE DEEMED YOUR ACCEPTANCE OF AMENDED OR REVISED TERMS.
GENERAL TERMS OF SALE
- PRODUCT AVAILABILITY. All Products displayed at the Website are offered for sale subject to availability. We will not be liable in case of the unavailability of any Products. Furthermore, we reserve the right to change the Products offered for sale on the Website at any time and without notice. Details about the availability of our Products are provided when you place your order. However, errors may exist, such as in the case of simultaneous orders of the same Product by more than one customer. In case a Product is not available after you have placed your order, we will inform you by email or by telephone, at which time you will be invited to select another available Product on our Website as a substitution for the unavailable Product or to cancel your order.
- PRICES. Prices of our Products are indicated in United States dollars, exclusive of taxes and shipping costs. We reserve the right to modify the prices of Products offered on the Website at any time without prior notice. You will be charged the prices displayed on the Website at the time your order is confirmed, provided the Product you ordered is available. We reserve the right to reject or to cancel your order for any reason, including, without limitation, if the Product ordered is not available, is incorrectly priced and/or is incorrectly described.
- TAXES. Sales tax will be added to orders shipping to those States within the United States requiring payment of sales tax, including, without limitation, New York and California.
- PLACING YOUR ORDER.
- You may place your order via the Website or by calling us at 1-310-566-6660 from Monday to Friday, 10:00 a.m. to 6:00 p.m. Pacific Standard Time.
- Products purchased from the Website may be ordered by clicking on the Products you wish to purchase and then following the prompts that will appear on your screen. Upon completing your shopping on the Website, a summary page will be displayed featuring a photograph of the Product, its coloring and references, the quantity selected, unit price and the total amount owed for your order. Please check this information carefully to ensure that this summary page accurately reflects your selection before confirming your order. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Complete Order” button on the checkout page. After you click on the "Place Order" button, your order will be submitted for processing and you may not make any changes to or cancel the order, except as expressly provided in these Terms or applicable law.
- After placing an order, you will receive an email from us acknowledging that we have received your order and providing you with an order reference number (“Order Confirmation”). Please note that receipt of the Order Confirmation does not mean that your order has been accepted. Your order constitutes an offer to buy a Product. All orders are subject to acceptance. We are not obliged to accept your order and may, at our discretion, decline to accept any order, as further discussed below. You do, however, acknowledge that by clicking on the “Complete Order” button, you enter into an obligation to pay us for the Product(s).
- Where your order is accepted, we will confirm such acceptance to you by sending you an email that confirms that the Product has been sent (“Send Confirmation”).
- ORDER REJECTION/CANCELLATION. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card or PayPal® account has been charged, in our sole discretion. Some of the reasons your order may be declined are if the Product is unavailable, if pricing is in error, if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or cancelled or if we need more information. If your order is declined or cancelled, we will issue a credit your credit card or PayPal® account for any amount charged with respect to such order and notify you that your order was declined or canceled.
- Payment is due immediately upon placement of your order.
- Credit cards are the only methods accepted for payment on the Website. Store credits and/or gift certificates issued by our boutiques are not accepted for payment on the Website.
- We also accept payment using PayPal® when purchasing from the Website. If you elect to use PayPal® when completing your order, you will be automatically redirected to the PayPal® platform to log in to your account. If you do not have a PayPal® account, you will be able to create one at that time. After the validation of your order with PayPal®, you will be redirected to our confirmation page. Please do consider that additional delivery time may be required for orders completed using PayPal®.
- All payments for purchased from the Website are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card and Products will not be dispatched until this pre-authorization check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee, which fees are your sole responsibility.
- Your order will only be shipped once we have verified your payment method and received authorization to process your payment.
- Your credit card will be charged when you place your order.
- SHIPPING POLICY/IN-STORE PICK-UP.
GENERAL LEGAL TERMS
- ELIGIBILITY. The Website and Services are intended solely for users eighteen (18) years of age and older. You represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18), that you are at least thirteen (13) and are accessing the Website and Services with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms
- ACCESS TO THE SITE. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website. We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our sole opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
- NON-COMMERCIAL USE. You may only use the Website for non-commercial use and only in accordance with these Terms. In furtherance hereof and without limitation, you agree that you only use the Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. You will not (i)“scrape” content or store content of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Website; (ii) remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted; or (iii) create links to the Website from any other website.
- CONTENT. We may change the format and content of the Website from time to time, at our discretion.
- RISK. Your use of the Website and/or the Services is at your sole risk. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Website or relying on any of its content. We cannot and do not guarantee that any content of the Website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
- INTELLECTUAL PROPERTY. i.) All intellectual property rights in any content of the Website (“Intellectual Property”), including text, graphics, software, photographs and other images, videos, sound, trademarks and logos, are owned by the Company or our licensors. No Intellectual Property included in this Website or the Services is intended, nor shall be construed, to confer in or upon you any rights in, to or under any Intellectual Property and/or Content, defined below. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any Intellectual Property and you acknowledge that you do not acquire any ownership or other rights by utilizing the Website and/or the Services. In furtherance hereof, and without limitation of the foregoing, you agree that you will not use, reproduce or display any Intellectual Property. ii.) This Website and its content ("Content") are copyrighted and such copyrights are owned by the Company. You are permitted to view, print, and/or distribute the Content in hard copy from this Website provided that (1) you use the Content for your personal use only and not for any purpose contrary to our interests; (2) you do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by these Terms; (3) you do not modify, alter, or create derivative works of, the Content; and (4) you include our copyright notice on such Content as follows: Copyright 2017 Donna Hourani, Inc., All Rights Reserved.
- DISCLAIMER. The Website and/or Services may be unavailable from time to time for various other reasons, including due to maintenance or malfunction of computer equipment. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions arising from or related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications, nor are we responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or in connection with the Website and/or the Services, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using the Website and/or the Services. In addition, the Internet may be subject to breaches of security. The Company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone, including us, over the Internet. The Company makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Company.
- NO WARRANTY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THE WEBSITE AND/OR SERVICES. TO THE EXTENT PERMITTED BY GOVERNING LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE AVAILABILITY OF THE WEBSITE OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, SERVICES, OR SERVER DO NOT VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE AND/OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
- INDEMNIFICATION. BY USING THE WEBSITE AND/OR THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND ITS PARENT, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OWNERS, OFFICERS AND DIRECTORS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THESE TERMS OR ANY LAW, YOUR USE OF THE WEBSITE AND/OR THE SERVICES, INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER, MOBILE DEVICE OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON, ANY MISREPRESENTATION MADE BY YOU, AND/OR THE COMPANY’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE COMPANY’S DEFENSE OF ANY CLAIM OF ANY THIRD PARTY ARISING UNDER THESE TERMS. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF THE COMPANY.
- LIMITATION OF LIABILITY. YOU AGREE THAT THE COMPANY AND ITS PARENT, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OWNERS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEBSITE AND/OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS ($1000) AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND US AT THE TIME YOUR ORDER IS ACCEPTED BY US.
- AGREEMENT TO ARBITRATE and WAIVER OF CLASS ACTION. If You are located in the United States, you agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
- Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into and to be performed in California by California residents. Except as provided in Exhibit A, the Parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Los Angeles County, California and the federal courts in the Central District of California.
- Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. BY USING THE WEBSITE AND/OR ACCESSING THE SERVICES AND THEREBY AGREEING TO THESE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- NOTICES. All notices given by you to us must be given in writing to email@example.com. We may give notice to you at either the email or postal address you provide to us when placing an order.
IF YOU HAVE ANY QUESTIONS, SUGGESTIONS, OR CONCERNS RELATED TO THESE TERMS, PLEASE DO NOT HESITATE TO CONTACT US AT ADMIN@DONNAHOURANI.COM.
This Exhibit A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver.
Disputes. A dispute is any controversy between You and Donna Hourani concerning the Services, any software related to the Services, the price of the Services, Your account, Donna Hourani’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or Donna Hourani’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution.
Small Claims Court Available. You may initiate an action in your local Small Claims Court if You meets the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, Donna Hourani reserves the right to require arbitration.
Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of Your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.