Terms And Conditions of use
Welcome to design-apart.com (the “Site”). We are part of the Design-Apart Group, including Design-Apart USA, Ltd. And Design-Apart Srl (“We,” “the Site,” “Design-Apart”). Please review the following terms and conditions of use, which govern your use of the Site (the “Terms and Conditions”).
Please take a few minutes to review these Terms and Conditions. Your access and use of the Site constitutes your agreement to follow and be bound by the Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review the Terms and Conditions whenever you access the Site. If you do not agree to these terms, please do not use the Site.
You may purchase products on the Site only for personal use and not for resale. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
RIGHT TO CHANGE SITE
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
SITE CONTENTS AND COPYRIGHT
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by and other trademarks appearing on the Site are the trademarks of Design-Apart USA, Ltd, its affiliates and/or its partners. The Contents are protected by national and international copyright and other intellectual property laws. The Site and the Contents are intended solely for personal, non-commercial use. The viewing, printing or downloading of any graphic, form, document or other content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Site and its content terminates the license granted by Design-Apart.
You represent and warrant that any review, comment, suggestion, idea, image, content or other material (collectively, the “Material”) you submit to Design-Apart is legal and does not violate any right of any third party, including privacy and intellectual property rights.
By disclosing, submitting or offering any Material to Design-Apart, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, display such Material throughout the world in any media.
You are and shall remain solely responsible for any Material you disclose, submit or offer to Design-Apart.
HYPERLINKS TO OTHER WEB SITES
To the extent our Site contains hyperlinks to outside services and resources, the availability and content of which Design-Apart does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource. Design-Apart does not operate, control, endorse or guarantee any third party websites. You agree that Design-Apart is not responsible for any content, services and/or products provided by any third party website. When you access any third party website through a hyperlink posted on the Site, please carefully read the terms and conditions of use and other policies of such third party website. We provide hyperlinks to third party websites only for the convenience of its users, and we do not recommend that users access such website. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY DESIGN-APART USA, LTD, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS DESIGN-APART LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
This Site, and all Content available on this Web Site, are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose. You acknowledge, by your use of this Site, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that Design-Apart shall not be liable for any damages of any kind related to your use of this Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Design-Apart reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
You agree to indemnify, defend and hold Design-Apart and harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, arising from or related to your use of the Site and/or your breach of these Terms and Conditions of Use.
If any provision of these Terms and Conditions of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions of Use remain in full force to the extent permitted by law.
APPLICABLE LAW; JURISDICTION
Except otherwise expressly provided, the laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Terms and Conditions of Use, including, without limitation, their validity, interpretation, construction, performance, and enforcement. Except otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms and Conditions of Use shall be brought solely in the courts of the County of New York, State of New York.
Last Updated: December 2013