Wholesale Terms and Conditions
Agreement between user and www.danyab.com
Welcome to www.danyab.com. The www.danyab.com website (the “Site”) is comprised of various web pages operated by Danya B., Inc. (“Danya B”). www.danyab.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.danyab.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for reference.
www.danyab.com is a E-commerce Site Wholesale trade of home décor items
Privacy
Your use of www.danyab.com is subject to Danya B’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronics Communications
Visiting www.danyab.com or sending emails to Danya B 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 be in writing.
Your 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 Danya B is not responsible for third party access to your account that results from theft or misappropriation of your account. Danya B and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Danya B does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.danyab.com only with permission of a parent or guardian.
Cancellations / Refund Policy
Shipment of order may be cancelled as long as the order has not shipped. All claims for shortages or damaged goods must be reported to our customer service department within 10 days of receipt of order. Merchandise returns for reasons other than our error must be approved and are subject to a 20% handling charge. No claims will be accepted after 30 days from date of invoice.
With respect to sales on Amazon.com, Danya B provides a manufacturer’s warranty only for products purchased from authorized resellers who are in compliance with our terms, conditions and strict quality controls for resale on Amazon, and who we have confirmed as providing genuine, new and authentic Danya B brand products and not liquidation items. The Manufacturer’s warranty will otherwise not apply, and in particular, will not apply to sales of products from unauthorized resellers or for sales of products advertised below MAP, which we consider liquidation items not permitted for resale on Amazon.
Danya B provides a limited manufacturer’s warranty with receipt showing customer purchase within 60 days from an authorized reseller. Danya B will repair or replace products or parts because of defective material or manufacture, subject to normal wear and tear. The repair or replacement of defecting products or parts constitutes our entire obligation. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, these are specifically disclaimed. Danya B shall in no event be liable for incidental or consequential damages, whether or not foreseeable. This manufacturer’s warranty does not apply to sales of products from resellers who are unauthorized, not in compliance with our terms, conditions and strict quality controls for resale on Amazon, or for sales of products advertised below MAP, which we consider liquidation items not permitted for resale on Amazon. Your payment for and acceptance of Danya B brand products constitutes your acceptance of this warranty limitation.
Links to third party sites / Third party services
www.danyab.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Danya B and Danya B is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked site. DanyaB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Danya B of the site or any association with its operators.
Certain services made available via www.danyab.com are delivered by third party sites and organizations. By using any product, service or functionality originating from www.danya.com domain, you hereby acknowledge and consent that Danya B may share such information and data with any third party with whom Danya b has contractual relationship to provide the requested product, service or functionality on behalf of www.danya.com users and customers.
No unlawful or prohibited use / Intellectual Property
You are granted a non-exclusive, non transferable, revocable license to access and use www.danyab.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Danya B that you will not use the Site in any manner 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 provide 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 Danya B 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 mot modify, publish, 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. Danya B 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 Danya B and 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 Danya B or our licenses except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, new groups, forums, communities, personal web pages, calendars, and or other message or communications facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communications Services”), you agree to use the communications Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way example, and not as limitation, you agree that when using a Communication Service, you will not: defame, abuse, 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 contents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation on 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, contests, pyramid schemes or chain letters; download any files posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attribution, legal or other proper notices or proprietary designations or label 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 address, without their consent; violate any applicable laws or regulations.
Danya B has no obligation to monitor the Communication Services. However, Danya B reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Danya B reserves the right to terminate your access to any or all of the Communication services at any time without notice for any reason whatsoever.
Danya B reserves the right at all times to disclose any information as necessary to satisfy any applicable law, 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 Danya B’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or children in any Communication Service. Danya B does not control or endorse the content, messages or information found in any Communication Service and, therefore, Danya B specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Danya B spokespersons, and their views do not necessary reflect those of Danya B.
Materials provided to www.danyab.com or posted on any Danya B web page
Danya B does not claim ownership of the materials you provide to www.danyab.com (including feedback and suggestions) or post, upload, input or submit to any Danya B Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting you Submission you are granting Danya B, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicity display, publicity perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Danya B is under no obligation to post or use any Submission you may provide and may remove any submission at any time in Danya B’s sole discretion.
By posting, uploading, inputting or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all rights necessary for you to provide, post, upload, input or submit the Submissions.
Amazon.com Resellers
With respect to sales on Amazon.com, Danya B provides a manufacturer’s warranty only for products purchased from authorized resellers who we have confirmed as providing genuine, new and authentic Danya B brand products.
Third Party Accounts
You will be able to connect your Danya B account to third party accounts. By connecting your Danya B 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 manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Danya B 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 Danya B Content accessed through www.danyab.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Danya B, its officers, directors, employees, agents and third parties, for any losses, cost, 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. Danya B 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 Danya B in asserting any available defenses.
Liability disclaimer
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. DANYA B., INC. AND / OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND / OR CHANGES IN THE SITE AT ANY TIME.
DANYA B., INC. SND / 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. DANYA B., INC. AND / OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, 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 DANYA B., INC. AND/OR ITS 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 CONNCETED 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, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DANYA B., INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR. BECAUSE SOME STATES /JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL 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
Danya B reserves the right, in 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, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to 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 Danya B as a result of this agreement or use of the Site. Danya B’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Danya B’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Danya B 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 limitations 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 reminder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Danya B with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Danya B with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall admissible in judicial or administrative proceeding based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Danya B reserves the right, in its sole discretion, to change the Terms under which www.danyab.com is offered. The most current version of the terms will supersede all previous versions. Danya B encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Danya B welcomes your questions or comments regarding the terms:
Danya B., Inc.
10065 Via de la Amistad, Ste A24
San Diego, California 92154
Email Address
info@danyab.com
Telephone:
619-498-0506
Effective as of May 01, 2018