Duvin LLC (“Duvin”) grants you access to its website, accessible via https://duvindesign.com/ (the “Site”), conditioned on your acceptance of the terms, conditions and notices contained herein (collectively, the “Terms of Use”). By using the Site, you agree to follow and be bound by each of the Terms of Use set forth below. If you do not agree to these Terms of Use, you must exit the Site immediately and discontinue any use of the Site.
International Shipments
Duvin currently ships to many international countries. If there is a problem and Duvin is not able to ship to your country, Duvin will immediately notify you and provide you with a refund.
Duty, Value Added Tax, and Other Fees
Duty (or customs tariffs) is set by the destination country customs authorities and is determined based on a combination of the country of origin or manufacturing of the goods being purchased and the classification of that merchandise in accordance with a harmonized system adopted and used by the countries that our e-commerce partner, Stripe, supports. Check your local customs authority website for the latest updates on Value Added Tax rates, customs tariffs and other fees. Duvin holds no responsibility for fees that are imposed by international authorities.
Risk of Loss
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Duvin. Title to the products purchased on the Site, as well as the risk of loss for such products, passes to you when Duvin delivers these items to the carrier.
Intellectual Property
All materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Duvin, or, as otherwise noted, are the intellectual property of the Site’s vendors and or suppliers. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Duvin. The “Duvin Design Co.” mark, “Duvin Logo” and other marks appearing at this Site are the trademarks of Duvin Design Co.
The Contents and the Site, as well as the selection and arrangement thereof, may not be used except in accordance with these Terms of Use or with Duvin’s express written consent. Duvin may modify the Content at any time with or without notice to you.
Use and Restrictions
The Site and all its Contents are intended solely for personal use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents or the Site.
Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Site, and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
Electronic Communications
You consent to receive electronic communications from Duvin either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.
Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”), and that you, and not Duvin, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership.
You represent and warrant that you own all Submissions posted by you on or through the Site, that your Submission is accurate and not misleading, and the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Site.
Duvin reserves the right in its sole discretion to terminate your access to your account, terminate your ability to post to the Site, and to refuse, delete, modify, edit or remove any Submissions, with or without cause and with or without notice, for any reason or no reason.
Duvin takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Duvin is only a forum and is not liable for any statements, representations, or Submissions provided by its users.
By prohibiting certain activities, Duvin does not assume an obligation to monitor, police or remove any Submissions or other information submitted by you or any other user.
Warranties, Disclaimers and Limitation of Liability
DUVIN PROVIDES THE MATERIALS ON THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUVIN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
In addition, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Duvin reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
DUVIN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMTED TO ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS.
Miscellaneous
Should any provision of these Terms of Use be found void, invalid, unenforceable or illegal, such provision shall be valid and enforceable to the extent permitted by law or the applicable rules or bylaws, and the validity and enforceability of the other provisions of these Terms of Use shall not be affected thereby. Failure of Duvin to enforce any provision of the Terms of Use shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
The Terms of Use shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. In any action arising under the Terms of Use, you consent to the jurisdiction and venue of the state and/or federal courts of the State of Florida.
