Terms and Conditions

Danielle and Demari, Skin, Bath and Home Care, LLC and www.danielleanddemari.com

www.danielleanddemari.com is an E-Commerce Site
 

Terms

These Terms and Conditions (“Agreement”), constitute a legally binding Agreement between user (“User or You/Your”) and www.danielleanddemari.com  (the “Site”), which is comprised of various web pages operated by  and Demari Skin, Bath and Home Care, LLC ("D & D"). D &D’s sale of the products is expressly conditioned on User’s acceptance of these Terms, and User’s acceptance of product constitutes Your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for Your reference.

 

Privacy Policy

Your use of the Site is subject to D & D's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs Users of our data collection practices.

 

Electronic Communications

Visiting the Site or sending emails to D & D constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications to be in writing.

 

Personal Website Account

If You use this site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that D & D is not responsible for third party access to Your account that results from theft or misappropriation of Your account. D & D and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Users of D & D Under Thirteen

D & D collects personally identifiable information from children under the age of thirteen. D & D collects this information for the following reason(s):

 

We provide information about our personal data practices for children on our homepage and wherever we knowingly collect personal data from children on our Web site. If you are under the age of thirteen, You must ask your parent or guardian for permission to use this website. If Youare a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If You are under 18, you may use the Site but only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of D & D and D & D is not responsible for the contents of any Linked Sites including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. D & D is providing these links to You only as in convenience, and the inclusion of any link does not imply endorsement by D & D of the Site or any association with its operators. 

 

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, You hereby acknowledge and consent that D & D may share search information and data with any third party with whom D & D has a contractual relationship to provide the requested product, service or functionality on behalf of the Site, its Users and customers.

 

No Unlawful or Prohibited Use/ Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sitestrictly in accordance with these Terms and Conditions of use. As a condition of Your use of the Site, You warrant to D & D that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of D & D or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. D & D content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of D & D and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of D & D or our licensors except as expressly authorized by these Terms.

 

Use of Communications Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messages or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular CommunicationService.

 

By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abused, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contest, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such matter; falsify or delete any author attributions, legal or other property notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

D & D has no obligation to monitor the Communication Services. However, D & D reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. D & D reserves the right to terminate Your access to any or all of the Communication Services at any time without further notice for any reason whatsoever.

 

D & D reserves the right at all times to disclose any information as necessary to satisfy any applicable laws, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in D & D's sole discretion.

 

Always use caution when giving out any personal identifying information about yourself or your children in any Communication Service. D & D does not control or endorse the content, messages or information found in any Communication Service and therefore D & D specifically disclaims any liability with regard to the Communication Services and any action resulting from your participation in Communication Service. Managers and hosts are not authorized D & D spokespersons, and their views do not necessarily reflect those of D & D. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload the materials.

 

Materials Provided to the Site or Posted on Any D & D Web Page 

D & D does not claim ownership of the materials You provide to the Site (including feedback and suggestions) or post, upload, input or submit to any D & D Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Your Submission, You are granting D & D, our affiliated companies and necessary sublicensees permission to use Your Submission in connection with operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, edit, translate, and reformat Your submission; and to publish your name in connection with YourSubmission.

 

No compensation will be paid with respect to the use of Your Submission, as provided herein. D & D is under no obligations to post or use any Submission You may provide and may remove any Submission at any time in D & D's sole discretion.

 

By posting, uploading, and putting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect Your D & D account to third party accounts. By connecting Your D & D account to your third party account, You acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with your privacy settings on those third-party sites). If You do not want information about You to be shared in this matter, do not use this feature.

 

International Users

The Service is controlled, operated and administered by D & D from our offices within the USA. If You access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the D & D Content access through the Site in any country or in any matter prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

To the extent permissible under applicable law, User assumes all risks of and liability for and User agrees to indemnify, , defend and hold harmless D & D, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Site or services, any User postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. D & D reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with D and D in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, and a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its losses and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and D & D agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.

 

Disclaimers; Limitations

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. D & D AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

D&D AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

 

D&D AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL D & D AND/OR IT SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WEATHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DANIELLE & DEMARI SKIN, BATH, & HOME CARE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR SUBSEQUENT OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

D & D reserves the right, and its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, disagreement is governed by the laws of the State of Florida and You hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between You and D & D as a result of this Agreement or use of the Site. D & D's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in the derogation of D & D's right to comply with governmental, court and law enforcement request or requirements relating to the use of the Site or information provided to or gathered by D & D with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

 

Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the User and D & D with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and D & D,with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the extent and subject to the same conditions as other business documents and records originally generated and maintained and printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

 

Cancellation; Delay; Changes to Terms

D & D reserves the right, in its sole discretion, to change the Terms, User has no right to cancel any order it submits to D & D or to delay any delivery. If D & D allows User to cancel an order to delay a delivery, User shall pay D & D all costs D & D has incurred, and will incur, with respect to the cancellation or delay, including all restocking charges. It is understood and agreed between User and D & D, that if this Agreement covers product that must be manufactured especially for User and such an order is suspended or terminated for any reason, User shall take delivery of and make payment for such products as have been completed and such products as are in process on the date notice of suspension or termination is received by D & D. If User for any reason cannot accept delivery of such specially manufactured products, User shall make payment therefore as though delivery has been made and D & D will store such products for User’s account and at User’s expense

 

Default; Remedies. 

The occurrence of any of the following shall constitute an event of default (each, an "Event of Default") by User: (a) User’s failure to pay any sum to D & D as and when due; or (b) User’s default under any other provisions of these Terms which is not cured within 10 days after D & Dgives User written notice of default. Upon the occurrence of an event of default, and in addition to any other rights and remedies that D & D may have, D & D shall have the right, at its option, to take one or more of the following actions: (a) declare all or part of User’s obligations to D & D immediately due and payable; (b) suspend its performance under or terminate one or more pending orders; and (c) pursue its other rights and remedies under these Terms and applicable law. All amounts User does not pay as and when due shall accrue interest at the lesser of the business prime rate charged by D & D’s banking entity,  plus three percentage points (3%) per annum or the maximum amount allowed by law, until paid in full. If User defaults under its obligations to D & D, User shall pay D & D all costs of collection, including reasonable legal fees and costs.

 

 

 

Force Majeure and Material Change in Circumstances. 

Force Majeure: D & D shall not be liable for delays or failure to perform directly or indirectly resulting from force majeure or events and causes beyond D & D’S reasonable control, including but not limited to accidents, acts of God, acts and omissions of any governmental authority, declared or undeclared wars, terrorism, explosions, strikes or other labor disputes, fires and natural calamities (including floods, earthquakes, storms, epidemics, and pandemics), changes in the law, and delays in obtaining (or the inability to obtain) labor, fuel, supplies, power, materials or services through usual sources at, reasonable prices or in sufficient amounts. If D & Ddeclares a force majeure event, D & D may allocate its supply of products among its customers, including those not under contract, in any reasonable manner without liability, but the Agreement shall remain otherwise unaffected. D & D shall have no obligation to purchase supplies of the product to enable it to perform this Agreement. If the force majeure event last for more than three (3) months, D & D may terminate this Agreement by providing the User with at least thirty (30) days prior written notice. 

 

Material Change in Circumstances: If a long term situation adversely affects D & D, due to a Change in Circumstances as defined below, D & D may notify the other party requesting the renegotiation of the relevant price of the product and specifying the basis for such request. D & D shall hold good faith negotiations with the intent to remedy the situation to both parties’ satisfaction. If, within thirty (30) days of such notification the parties have not agreed upon the remedy to such situation, D & D shall have the right to terminate the Agreement by providing the other party with at least thirty (30) days prior written notice. During the period of time from the notice delivered by D & D requesting renegotiation to the effective date of early termination of the corresponding portion of this Agreement, all terms and conditions of this Agreement shall remain in full force and effect. “Change in Circumstances” shall mean any of the following events that adversely affects D & D’s economics under this Agreement in a material manner: (i) the imposition of new, amendments, or termination of laws, regulations or governmental taxes or governmental charges that have the effect of increasing the cost of materials if such increase in cost of production has not been already incorporated in the corresponding raw price formulae for the products of D & D; (ii) the imposition of (a) any new import duties (or the expiration of any exemption from import duties or preference) or any increase in the import duty rate.

 

Miscellaneous. 

All technical advice, recommendations and services rendered by D & D to User are intended for use by individuals having a reasonable level of skill and know-how, and are used at their own risk and D & D assumes no responsibility for results obtained or damages incurred from their use. User shall not have any right of set-off with regard to any amounts owed to D & D,regardless of any dispute that may arise between the parties. Any notice permitted or required under these Terms shall be deemed given if in writing and delivered personally, deposited in the United States mail, certified mail, return receipt requested, and sent by facsimile or e-mail to the respective addresses of D & D and User. User shall have no intellectual property or similar rights in the products and D & D’s sale of the products shall not be construed as granting to User any license or intellectual property or similar right applicable to or with the products. In the event any provisions of these Terms are held to be invalid by any court of competent jurisdiction, such provision(s) shall be deemed to be severable and these Terms shall then be construed and enforced in accordance with the remaining provisions. D & D will be entitled to assign its right, title and interest in the Agreement to any of its affiliates without the prior written consent of the User. User may not assign to any person or entity all or a portion of its rights or obligations under these Terms. D & D reserves the right to correct clerical and typographical errors in any document. D & D’s delay in enforcing any right or remedy shall not constitute a waiver, and D & D’s waiver of any right or
remedy in a particular instance shall not constitute a waiver in any other instance. These Terms and
any controversy relating to them or the products shall be governed by the laws of the State of Florida applicable therein (excluding any conflict of law rule or principle of such laws that might refer
such interpretation or enforcement to the laws of another jurisdiction). Each party irrevocably submits
to the exclusive jurisdiction of the state courts of Duval County, with respect to any matter arising
hereunder or relating hereto, and the parties hereby expressly waive the right to invoke that such
jurisdiction is not a convenient forum under the doctrine of forum non conveniens. The United Nations
Convention on the International Sale of Goods is expressly excluded and shall not apply. D & Dand
User hereby consents and submits to the jurisdiction and venue of those courts. These Terms shall be
binding on, and shall inure to the benefit of, the parties and their respective successors, heirs and
permitted assigns. These Terms contain the full and entire understanding and agreement of the parties relating to the products and supersede all previous and contemporaneous agreements, understandings, usages of trade, and courses of dealing, whether written or oral. These Terms may be modified, waived, discharged or terminated without written consent of User. Whenever possible, each provision of these Terms shall be interpreted in such manner as to be effective and valid under any applicable law but if any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any law or rule in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or any other jurisdiction, but these Terms shall be reformed, construed and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provision had never been contained herein.

Contact Us

D & D welcomes questions or comments regarding the Terms: 

Danielle & Demari Skin, Bath, & Home Care LLC (You may want to add the address of D & Das registered on Florida Sunbiz)

Danielle.Baker@danielleanddemari.com

Or 

Demari.Baker@danielleanddemari.com

Effective as of February 9, 2023