Terms and Conditions

Terms of Use

Thank you for visiting and using our danidanquell.com website. The following terms govern your use of the website, including but not limited to your posting of content and placing orders for our products. Any use of this website will be deemed to indicate acceptance of these Terms of Use. Intellectual Property Rights All contents of this website other than user-posted content, including but not limited to all clothing and other product designs and decorative matter, are the exclusive copyrighted property of DANI & DAN’QUELL, and may not be reproduced in any medium in whole or in part without the express written permission of DANI & DAN’QUELL. “DANI & DAN’QUELL,” “dddesignonline,” “danidanquell,” “where individuality happens,” the logo, and all words, slogans and designs imprinted on our products, are trademarks of DANI & DAN’QUELL.

User-Posted Content

We invite you to post pictures of yourself wearing our products. If you do so, you are representing and warranting that the photograph(s) are owned by you or used with permission of the photographer. Posting automatically grants to DANI & DAN’QUELL a free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, and display such photographs (in whole or part) worldwide and/or to incorporate them in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, and to allow others to do so, in any manner associated with the marketing, promotion, and sale of our products, and you expressly waive all rights of publicity with respect thereto. Please do not post pictures of anyone other than yourself. If you take pictures of your friends or family members wearing our products, please ask them to post those pictures, because we need to have their releases for use of the photos.

DISCLAIMER OF WARRANTY

DANI & DAN’QUELL AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO PRODUCTS SOLD VIA THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIMITATION OF LIABILITY IN NO EVENT SHALL DANI & DAN’QUELL OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM USE OF ITS PRODUCTS OR THIS WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS PURCHASED VIA THIS WEBSITE, DANI & DAN’QUELL’S LIABILITY IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT ITS ELECTION, THE REPAYMENT OR CREDITING OF THE PURCHASER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT THE PRODUCTS WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE LAWS MAY APPLY REGARDING LIMITATION OF LIABILITY.

Purchase Representations and Warranties

In addition to the warranties and representations stated above (see “User-Posted Content”), you represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay all charges incurred at the rates in effect at the time incurred, including all applicable taxes. Changes to These Terms of Use We may make improvements or changes in the information, products, and other materials on danidanquell/dddesignonline at any time without notice. Such modifications shall be effective immediately upon posting of the modified agreement. Entire Agreement The agreement created by these Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. To the extent permitted by law, you consent to the jurisdiction of the federal and state courts sitting in Massachusetts in any action arising out of or relating to this agreement. Any cause of action by you regarding purchase of a product must be instituted within six months after purchase or be forever waived and barred.