Terms & Conditions
TERMS & CONDITIONS
November, 1st 2019
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, please e-mail us at customerservice@denisedebakey.store.
Please read these terms and conditions carefully before using the web site
www.denisedebakey.store (the “web site”). If you do not accept these terms and
conditions, please do not use this web site.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and servicesdescribed or depicted on the Web site or are subject to change at any time without
notice. Certain weights, measures and similar descriptions are approximate and are
provided for convenience purposes only. We make all reasonable efforts to
accurately display the attributes of our products, including the applicable colors;
however, the actual color you see will depend on the printing process or on your
computer system and we cannot guarantee that your computer will accurately
display such colors. The inclusion of any products or services in the web site at a
particular time does not imply or represent that these products or services will be
available at any time. In addition, we may make changes in information about price
and availability without notice.
ORDERS
By placing an order, you represent that the products ordered will be used only in alawful manner, for individual, personal use and not for commercial resale or
diversion. While it is our practice to confirm receipt of orders by email, the receipt of
an email order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right, without
prior notice, to limit the order quantity on any product or service and/or to refuse
delivery or service to any customer. We also may require verification of information
prior to the acceptance and/or shipment of any order. Denise DeBakey reserves the
right to reject any order. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age requirements) in
regard to the possession, use and sale of any item purchased from the Web site.
SHIPPING LIMITATIONS
When an online order is accepted, it will be shipped to an address designated by the purchaser which must be in the United States of America or Peru, as long as that shipping address is compliant with the shipping restrictions contained on the web site. Your receipt will be included in the box with your shipment. All purchases from the web site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the web site passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
Denise DeBakey attempts to ensure that information on the web site is complete, accurate and current. Despite our efforts, the information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information. For example, products included on the web site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the web site.
RETURN POLICY
Denise DeBakey proudly stands behind the design and quality of our products. If for any reason you are not satisfied with your purchase, you may return it within 10 days of the merchandise receipt for full credit, store credit or exchange. You can only return or exchange In Stock items. The item must be returned in new and unused condition, and in its original packaging to assure full credit. We cannot accept any item for return or exchange, which bears an indication that it was used. There are absolutely no returns or exchanges on Made to Order items. Please note that shipping costs will not be subject to refund. We recommend shipping returned merchandise via Fed Ex or insured parcel post for tracking purposes and that a customer request adequate insurance to cover the purchase price of the shipment. Denise DeBakey will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled. We reserve the right to refuse return of any merchandise that does not meet the above return requirements in Denise DeBakey’s sole discretion.Please e-mail us to request authorization and further instructions.
TRADEMARKS
The trademarks, trade names, trade dress, service marks and logos used or displayed on the web site are registered and unregistered trademarks, trade names, trade dress, service marks and logos of Denise DeBakey. Nothing contained on the web site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, trade dress, service marks or logos of Denise DeBakey.
THIRD PARTY LINKS
From time to time, the web site may contain links to web sites that are not owned,operated or controlled by DeniseDeBakey or its affiliates. All such links are provided
solely as a convenience to you. If you use these links, you will leave the web site.
Denise DeBakey is not responsible for any content, materials, products, services or
other information located on or accessible from any other web site. Denise DeBakey
does not endorse, guarantee, or make any representations or warranties regarding
any other web site, or any content, materials, products, services or other information
located or accessible from such web sites, or any privacy policy or practices, or the
results that you may obtain from using such web sites. If you decide to access any
other web site linked to or from the web site, you do so entirely at your own risk.
INAPPROPRIATE MATERIAL
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot, or routine that can collect unauthorized information or interfere with or disrupt the operations of the web site, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Denise DeBakey may have at law or in equity, if Denise reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Denise DeBakey may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from the web site of such materials. Denise DeBakey will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Denise DeBakey to disclose the identity of anyone posting such materials.USER INFORMATION
Other than personally identifiable information, which is subject to the Privacy Policy of the web site, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications you transmit or post to the web site or to any Customer Service Representative in any manner (“User Communications”) are and will be considered non-confidential and non-proprietary. Submission of any User Communications shall be deemed an assignment thereof to Denise DeBakey. Denise DeBakey may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Denise DeBakey, but is not obligated to, monitor or review any User Communications. Denise DeBakey shall have no obligations to use, return, review, or respond to any User Communications. Denise DeBakey will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Denise DeBakey retains the right to remove any or all User Communications that includes any material it deems inappropriate or unacceptable.DISCLAIMERS
YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE WEB SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Denise DeBakey DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS ON OR IN THE WEB SITE. THE MATERIALS ON OR IN THE WEB SITE MAY BE OUT OF DATE, AND Denise DeBakey DOES NOT MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS AND LIABILITY
Denise DeBakey does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this web site or your downloading of any materials, from the web site. IN NO EVENT WILL Denise DeBakey BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, UNAVAILABILITY OF, OR THE RESULTS OF USE OF THE WEB SITE, OR ANY WEB SITES LINKED TO THE WEB SITE, OR THE MATERIALS CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.IN THE EVENT OF ANY PROBLEM WITH THE WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB SITE.
INDEMNIFICATION
You agree to indemnify and hold harmless Denise DeBakey, from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the web site, or the services provided in relation to the web site any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the web site or your downloading of any materials, from the web site.
REVISIONS TO THESE TERMS AND CONDITIONS
Denise DeBakey may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page regularly to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the web site. In the event of any conflict between these Terms and Conditions and any legal notices or terms located elsewhere on the web site, these Terms and Conditions will control.