Terms and Conditions
1.1 These terms and conditions shall govern your use of our devorahsecret.com (Devorah’s Secret™) website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2. Pricing and availability
2.1 Prices are inclusive of TAX (where applicable). Prices are subject to change without notice. Please check the website for further notice.
2.2 All goods are subject to availability. If a product is out of stock, we will not accept your order.
3. Copyright notice
3.1 All the photos, images, and clothing designs are the property of Devorah’s Secret™. The entire content (images and text) of Devorah’s Secret™ is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used except as provided herein without the express written permission of Devorah’s Secret.
3.2 You may only use our website for your own personal use, and not for any other purposes.
3.3 Except as expressly permitted by these terms and conditions, you must not copy, edit or otherwise modify any material on our website, sell, rent or sub-license material from our website, exploit material from our website for a commercial purpose, or redistribute material from our website for business purposes.
3.4 We reserve the right to restrict access to areas of our website at any time for any measure.
4. Limited warranties
4.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
4.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we discontinue our website.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
5.1 THIS SITE IS PROVIDED BY DEVORAH’S SECRET™ ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEVORAH’S SECRET™ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEVORAH’S SECRET™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVORAH’S SECRET™ DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DEVORAH’S SECRET™ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEVORAH’S SECRET™ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. Limitations and exclusions of liability
6.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7. Third party rights
7.1 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
8. Security and processing
8.1 We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
8.2 We use PayPal to process your order. We do not collect or view your credit card information. You may review the Terms & Conditions of the payment process on Paypal.com's website.
8.3 We do not store any debit or credit card information.
9.1 Devorah’s Secret’s trademarks and trade dress may not be used in connection with any product or service that is not Devorah’s Secret's. All other trademarks not owned by Devorah’s Secret™ that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Devorah’s Secret.
10. Reviews, comments, emails, and other content
10.1 Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Devorah’s Secret™ reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant Devorah’s Secret™ and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Devorah’s Secret™ and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Devorah’s Secret™ or its associates for all claims resulting from content you supply. Devorah’s Secret™ has the right but not the obligation to monitor and edit or remove any activity or content.
11.1 Any dispute relating in any way to your visit to Devorah’s Secret™ or to products you purchase through Devorah’s Secret™ shall be submitted to confidential arbitration in Brooklyn, New York, USA, except that, to the extent you have in any manner violated or threatened to violate Devorah’s Secret™ intellectual property rights, Devorah’s Secret™ may seek injunctive or other appropriate relief in any state or federal court in the state of Brooklyn, New York, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
12. Entire agreement