Terms of service
DEJA NICOLE DESIGNS, Inc.
These General Terms and Conditions of Use ("Terms") are entered into by and between you and DEJA NICOLE DESIGNS, Inc. ("DEJA NICOLE DESIGNS"), an entity incorporated and currently in existence in the State of Texas. In consideration of your use of and access to this Internet site (the "DEJA NICOLE DESIGNS.COM Site"), and the promises and obligations listed herein, and intending to be legally bound, you and DEJA NICOLE DESIGNS hereby agree as follows:
Your access to and use of the DEJA NICOLE DESIGNS.COM Site is subject to these Terms, which incorporate provisions separately posted as Privacy Statement, as well as any modifications issued by DEJA NICOLE DESIGNS and all applicable laws and regulations. BY USING THE DEJA NICOLE DESIGNS.COM SITE, YOU AGREE TO AND WILL BE BOUND BY THESE TERMS. If you do not wish to be bound by such Terms, please refrain from using the DEJA NICOLE DESIGNS.COM Site.
DEJA NICOLE DESIGNS.COM Site provides information concerning various products and the opportunity to obtain additional information concerning those products or to purchase them, among other things. These Terms and the information provided in the DEJA NICOLE DESIGNS.COM Site in no way override the terms and conditions of your purchase of any product except as specifically provided herein. To the extent any area within the DEJA NICOLE DESIGNS.COM Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
Changes in Terms
DEJA NICOLE DESIGNS shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the DEJA NICOLE DESIGNS.COM Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the DEJA NICOLE DESIGNS.COM Site. You are responsible for reviewing the DEJA NICOLE DESIGNS.COM Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by DEJA NICOLE DESIGNS to these Terms. ANY ACCESS OR USE OF THE DEJA NICOLE DESIGNS.COM SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than DEJA NICOLE DESIGNS shall be valid or enforceable against DEJA NICOLE DESIGNS unless expressly agreed to by DEJA NICOLE DESIGNS in a writing signed by a duly authorized officer of DEJA NICOLE DESIGNS.
Termination
These Terms are effective until terminated by DEJA NICOLE DESIGNS. DEJA NICOLE DESIGNS may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the DEJA NICOLE DESIGNS.COM Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
DEJA NICOLE DESIGNS shall also have the right without notice and at any time to terminate the DEJA NICOLE DESIGNS.COM Site or any portion thereof, or any products offered through the DEJA NICOLE DESIGNS.COM Site, or to terminate any individual's right to access or use the DEJA NICOLE DESIGNS.COM Site or any portion thereof.
Compliance with Laws
You must be at least 18 years old to use the DEJA NICOLE DESIGNS.COM Site.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the DEJA NICOLE DESIGNS.COM Site and your purchase of the items on the DEJA NICOLE DESIGNS.COM Site.
Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the DEJA NICOLE DESIGNS.COM Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content."
The Content may contain errors, omissions, or typographical errors or may be out of date. DEJA NICOLE DESIGNS may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on DEJA NICOLE DESIGNS in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by DEJA NICOLE DESIGNS or by third parties that have licensed their use to DEJA NICOLE DESIGNS. You may view and use the Content only for your personal information and for shopping and ordering on the DEJA NICOLE DESIGNS.COM Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, DEJA NICOLE DESIGNS does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the DEJA NICOLE DESIGNS.COM Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by DEJA NICOLE DESIGNS, is strictly prohibited.
Linked Third Party Sites
Links to other Internet sites operated by third parties, including DEJA NICOLE DESIGNS vendors, do not constitute sponsorship, endorsement, or approval by DEJA NICOLE DESIGNS of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by DEJA NICOLE DESIGNS, and DEJA NICOLE DESIGNS is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Prices and/or Orders
All prices displayed on the DEJA NICOLE DESIGNS.COM Site are quoted in U.S. dollars. DEJA NICOLE DESIGNS may restrict delivery to addresses within the United States and Canada. DEJA NICOLE DESIGNS will add shipping and handling fees and applicable sales/use tax. DEJA NICOLE DESIGNS reserves the right without prior notice to discontinue or change specifications and prices on products offered on the DEJA NICOLE DESIGNS.COM without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products on the DEJA NICOLE DESIGNS.COM Site do not imply endorsement of that product or constitute a warranty, by DEJA NICOLE DESIGNS.
The receipt by you of order confirmation does not constitute DEJA NICOLE DESIGNS's acceptance of an order. Prior to DEJA NICOLE DESIGNS's acceptance of an order, verification of information may be required. DEJA NICOLE DESIGNS reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from DEJA NICOLE DESIGNS, for any reason. DEJA NICOLE DESIGNS reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product is listed at an incorrect price due to supplier pricing information or typographical error, DEJA NICOLE DESIGNS shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DEJA NICOLE DESIGNS shall promptly issue a credit to your original credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by DEJA NICOLE DESIGNS pass to you upon DEJA NICOLE DESIGNS's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of DEJA NICOLE DESIGNS's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
Disclaimer and Limitation of Liability as to the DEJA NICOLE DESIGNS.COM Site and Content
DEJA NICOLE DESIGNS MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE DEJA NICOLE DESIGNS.COM SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. DEJA NICOLE DESIGNS ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE DEJA NICOLE DESIGNS.COM SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DEJA NICOLE DESIGNS.COM SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE DEJA NICOLE DESIGNS.COM SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE DEJA NICOLE DESIGNS.COM SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL DEJA NICOLE DESIGNS, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE DEJA NICOLE DESIGNS.COM SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF DEJA NICOLE DESIGNS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products
DEJA NICOLE DESIGNS.COM wants you to be completely satisfied with your purchase. If for any reason you are not entirely pleased with a product you purchased on the DEJA NICOLE DESIGNS.COM Site, simply return the item within 30 days of receipt for an exchange or a full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, services, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS SOLD BY DEJA NICOLE DESIGNS ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO THE YEAR 2022 COMPLIANCE. ACCORDINGLY, DEJA NICOLE DESIGNS MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, DEJA NICOLE DESIGNS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE DEJA NICOLE DESIGNS.COM SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL DEJA NICOLE DESIGNS, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED ON THE DEJA NICOLE DESIGNS.COM SITE, EVEN IF DEJA NICOLE DESIGNS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DEJA NICOLE DESIGNS ' LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless DEJA NICOLE DESIGNS, DEJA NICOLE DESIGNS's vendors, and their affiliates and related entities, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the DEJA NICOLE DESIGNS.COM Site. The foregoing indemnification obligation shall survive termination of these Terms and the DEJA NICOLE DESIGNS.COM Site and any product provided to you arising out of or relating to your use of the DEJA NICOLE DESIGNS.COM Site.
Submissions
Except as otherwise expressly provided herein or in the DEJA NICOLE DESIGNS PRIVACY STATEMENT posted on the DEJA NICOLE DESIGNS.COM Site, any communication or material you transmit to the DEJA NICOLE DESIGNS.COM Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by DEJA NICOLE DESIGNS, DEJA NICOLE DESIGNS vendors, or their affiliates or related entities for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, DEJA NICOLE DESIGNS, DEJA NICOLE DESIGNS vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the DEJA NICOLE DESIGNS.COM Site for any purpose whatsoever, including, but not limited to, developing manufacturing, and marketing products using information contained in such communication.
Miscellaneous
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by DEJA NICOLE DESIGNS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
DEJA NICOLE DESIGNS shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the DEJA NICOLE DESIGNS.COM Site shall not be construed as DEJA NICOLE DESIGNS's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. Additionally, any claims brought against DEJA NICOLE DESIGNS shall be governed by and construed in accordance with the laws of the State of Texas. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on DEJA NICOLE DESIGNS.COM, shall be in the state or federal courts located in Dallas, Texas.