Terms & Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

Please read the following terms of use and disclaimer carefully before using this website ("Site"). Divatress.com provides its services to you (the "Customer") subject to the following user agreement (the "Agreement"). By using this site, you agree to the terms of the agreement. If you do not agree to the terms of the agreement, you may not use this site.

Privacy Statement

We are committed to protecting your privacy. Divatress.com protects customer information according to the Privacy Policy posted on this Site. The Privacy Policy, as amended from time to time, is incorporated by reference to be a part of this Agreement.

Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on this website, are subject to change at any time without notice. Divatress.com makes all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time.

Accuracy of Information

We attempt to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this website. For example, products included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website. In addition, we may make changes in information about price and availability without notice. Further, pricing information on other websites that claim to represent correct pricing on our website may not be correct or current. While it is our practice to confirm 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 service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Limitations of Liability

Divatress.com does not assume any responsibility, or will it be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. IN NO EVENT WILL DIVATRESS.COM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, 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, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, 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 THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND EXCHANGES POLICIES POSTED ON THIS SITE.

Order Acceptance/Shipping Terms/Refunds

Acceptance of all orders by Divatress.com occurs only upon shipment from Divatress.com's distribution center in Chicago, Illinois. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site. Divatress.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, Divatress.com is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Charges to Customer's credit card shall only be processed for collection when a shipment has been made. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site, Divatress.com is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for defective product and Divatress.com shall have the option to refund any amount owing to Customer by either crediting the charge card used for payment or mailing a check to the Customer at the address shown on the related Order.

Your Account

You may choose to create a Divatress.com account at our website. If you do, you will have a password for your account. To protect your account, you should choose a password different from names, birthdays, or street addresses associated with you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Divatress.com may revoke your right to have an Account at any time if you fail to comply with the Site Use Terms and Conditions.

Online Conduct

Any conduct by a person that in Divatress.com's sole discretion restricts or inhibits any other person from using or enjoying Divatress.com is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through Divatress.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

External links

External links may be provided for your convenience, but they are beyond the control of the Site and no representation is made as to their content. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Warranties

The website owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Acceptance of this Agreement

Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by Divatress.com on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by Divatress.com sending an email to the Customer at Customer's last known email address or by posting thereof on the Site.

 

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