Terms and conditions

Terms & Conditions

Last Updated: December 3, 2014

Greetings, and Welcome to the Duafe Designs website! This Site is provided as a service to our customers. Please carefully review the following terms and conditions of use that apply to the Duafe Designs site located at www.duafedesigns.com, and all its subsidiaries and affiliates, including Waist Beads by Ayodele and Ayoduafe. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms and Conditions govern your use of, and any purchase from, the Duafe Designs Site, and constitute an agreement between you and Duafe Designs. Duafe Designs reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time, and in its sole discretion. Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

Use of the Site

You are granted a personal, limited, non-sublicensable license to access and use our Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of our Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of our Site and the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our web sites in any way which interferes with the normal operation of our sites; or (i) any use of our Site or the Site Materials other than for its intended purpose. Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Duafe Designs, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Site Contents

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 Duafe Designs LLC.

The Sites and the Contents are intended solely for personal, informational, non-commercial use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Unless otherwise specified, the Sites and the Contents are intended to promote Duafe Designs products and services available in the United States. The Sites are controlled and operated by Duafe Designs LLC. from its offices in El Sobrante, California.

The content on this site does not constitute medical advice. Duafe Designs is not responsible for any medical or health problems that may result from engaging in any use or wear of our products. If you ever feel discomfort or pain, you should discontinue use immediately.

Product Availability and Pricing

If you’re interested in an item that is currently on back order or out of stock, please call us at 510-397-8075 and we can tell you when the item will be back in stock. Sometimes an item may go out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options.

Errors, Inaccuracies, Omissions

Occasionally there may be information on our Site that contains typographical or systematic errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

Colors, Display, & Product Data

At Duafe Designs, we make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. Since every computer monitor is set differently, color and size may vary slightly.

Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. On the Site, we provide the opportunity for customers to submit customized specifications (i.e. length/measurement) for items such as waist beads and anklets. A minimum tolerance of .5 inch is a measurement allowance customers must consider and provide in their measurement request. Incorrect measurements by customers can be corrected, however, the customer is responsible for all shipping, handling, and repairing costs.

Site Content

The Site and all content and other materials, including, without limitation, the Duafe Designs logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Duafe Designs or its licensors and are protected various intellectual property rights and unfair competition laws.

Submissions

Duafe Designs is pleased to hear from users/customers and welcomes your comments regarding our products and services. You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, testimonials, or ideas regarding this site, Duafe Designs, or our products or services that are provided by you to Duafe Designs are non-confidential and shall become the sole property of Duafe Designs, LLC. Duafe Designs will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Duafe Designs the right to use the First name and Last Name initial (i.e Joanne H.) that you submit or name associated with in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury or violation to any person or entity.

Indemnification

You agree to defend, indemnify and hold Duafe Designs, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

Limitation of Liability

IN NO EVENT SHALL DUAFE DESIGNS, ITS DIRECTORS, OWNERS, MEMBERS, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BLUE NILE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLUE NILE’S RECORDS, PROGRAMS OR SERVICES.

Applicable Law and Venue

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Francisco and/or the Northern District of California. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions

Modification and Notice

You agree that Duafe Designs may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Termination

Notwithstanding any of these Terms and Conditions, Duafe Designs reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

Questions & Contact Information

If you have any questions, please do not hesitate to contact us at info@duafedesigns.com or 510-397-8075.

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