Last updated: March 01, 2023
Introduction
Welcome to the Duomay® Furniture, Dining Chairs website (the “Site”). The Site provides an online store for purchasing high quality dining chairs, bar stools, benches, ottomans, desks and other furniture products (the “Products”).
The following Terms and Conditions of Use (the “Terms”) govern your use of this Site. By accessing, using, or obtaining any content, products, or services through this Site, you agree to these Terms. If you do not understand or agree to the Terms, then you may not use this Site.
Duomay Furniture reserves the right to update these Terms at any time without prior notice. Your use of the Site constitutes your agreement to the updated Terms. You should review these Terms before using the Site.
Use of the Site
Subject to your compliance with these Terms, Duomay® Furniture grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site solely for the purposes of shopping for personal use and not for resale or distribution. You may not use the Site for any other purpose, including commercial purposes, without Duomay Furniture’s express prior written consent.
Site Access and Use
To access or use some features of the Site, you may be required to register and create an account. When registering, you agree to provide accurate and complete information about yourself. You are solely responsible for any activity that occurs under your account. You agree to maintain the confidentiality of your username and password, not share your username or password with any third parties, and immediately notify Duomay Furniture of any unauthorized use of your account.
You agree not to:
- Use the Site for any illegal, immoral, or unauthorized purposes;
- Access or tamper with non-public areas of the Site;
- Test vulnerabilities of the Site without permission;
- Attempt to interfere with or disrupt the Site, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods;
- Engage in spamming, mail bombing, phishing, or stalking; and
- Authorize or assist any third party in carrying out any of the activities above.
Intellectual Property Rights
The Site contains valuable trademarks, brands, graphics, logos, designs, page headers, button icons, scripts, copyrights, and other proprietary materials owned by Duomay Furniture and its affiliates, licensors, and partners (the “Duomay IP“). Neither these Terms nor your use of the Site grants you any rights in the Duomay IP, which remains the sole property of Duomay Furniture and its licensors.
You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Duomay IP. You acknowledge that any feedback, comments, or suggestions you provide Duomay Furniture regarding the Site or Products is entirely voluntary, and Duomay Furniture will be free to use such feedback, comments or suggestions in its sole discretion without any obligation to you.
The Site may contain some public domain works or content obtained through appropriate licenses from third parties. Any such works or content not owned by Duomay Furniture will be used in accordance with their applicable licenses and rights.
User Content
If you post, upload, input, provide, or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our Site (collectively, your “User Content“), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via our Site do not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content transmitted, stored or processed via our Site or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on our Site, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. You agree not to post, upload, input, provide or submit any User Content that:
- Is infringing, harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Impersonates any person or entity, including, but not limited to, any of our employees or representatives, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- You do not have a right to post under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- Includes links to commercial services or sites;
- Advertises any goods or services without our express written approval; or
- Provides material that exploits people under the age of 18 in a sexual, violent or other manner, solicits personal information from anyone under 18 or provides any details or information concerning a person who is known to the User to be under 18 years old.
We have the right to terminate your use of any of the Services, delete your profile including any content or information that you have posted on the Services and/or prohibit you from using or accessing the Services for violating the Terms or applicable law, rules or regulations.
We have the right to disclose your identity and contact information to any third party who is claiming that any User Content posted by you violates their Rights or is otherwise unlawful.
We take no responsibility and assume no liability for any User Content generated by you or any third party.
Purchases and Payment
You agree to only purchase Products for your personal or household use, and not for resale or distribution. When placing an order, you agree the Products you purchase are subject to availability. If an item is unavailable or out of stock, Duomay Furniture will attempt to notify you and you will have the option to cancel or modify your order.
All Product pricing and availability information on the Site is subject to change without notice. The price charged for a Product will be the price displayed at the time you place your order. Duomay Furniture makes all reasonable efforts to provide accurate pricing information, but cannot guarantee the price for any Product. In the event a Product is listed at an incorrect price, Duomay Furniture reserves the right to refuse or cancel any orders placed for that Product at the incorrect price. Duomay Furniture reserves the right to refuse or cancel any order for any reason.
You agree to pay all charges associated with your purchases, including shipping fees, duties, taxes, and other charges. Payment can be made by credit card or other payment methods displayed on the checkout page. Duomay Furniture may require additional confirmation or information before processing your order. You represent and warrant that you have the legal right to use any credit card provided.
Orders are processed as quickly as possible, though processing and shipping times may vary. We will notify you of any delays and provide shipping estimates, if possible. You may cancel unfulfilled orders, subject to the cancellation policy stated at the time you place your order. Duomay Furniture reserves the right to limit or prohibit orders to certain states, regions, or countries.
All sales are final. Duomay Furniture does not accept returns or provide refunds unless required by law. Please review all Product details carefully before making a purchase. Duomay Furniture tries to display colors and images of Products as accurately as possible, but the colors and textures you see will depend on your device and we cannot guarantee they will exactly match the physical Product.
Shipping and Delivery
We will ship your order to the shipping address you provide. Duomay Furniture is not responsible for delivering to old or incorrect addresses. If an order is returned or fails delivery due to an incorrect address, Duomay Furniture may cancel the order and will not be able to reship the order. You will be responsible for all shipping costs for re-delivery or order cancellation.
Customers are responsible for inspecting deliveries for damage and informing Duomay Furniture of any damage within 3 days of delivery. We will work with you to make the situation right, which may include replacement, refund, or other reasonable resolutions.
Disclaimer of Warranties
THE SITE AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DUOMAY FURNITURE DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. DUOMAY FURNITURE DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE. OPERATION OF THE SITE MAY BE INTERFERED WITH OR AFFECTED BY NUMEROUS FACTORS OUTSIDE OF DUOMAY FURNITURE’S CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
While Duomay Furniture tries to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, service offerings, or any content. You agree that Duomay Furniture will not be liable for any temporary delay, outage, or interruption of the Site or any content.
Duomay Furniture reserves the right to change, suspend, or discontinue any of the Site’s services, content, or features at any time for any reason without notice. Duomay Furniture may also impose limits on certain features or restrict your access to parts of or the entire Site without notice or liability.
You are responsible for implementing sufficient safeguards and procedures to ensure that your access and use of the Site is secure and in compliance with any applicable laws or regulations. You shall defend, indemnify, and hold Duomay Furniture harmless from any third-party claims that arise from your improper access or use of the Site.
Limitation of Liability
IN NO EVENT WILL DUOMAY FURNITURE, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, PARTNERS, OWNERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, ANY VERSION OF THIS SITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, LOST DATA, LOSS OR INTERRUPTION OF BUSINESS, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF DUOMAY FURNITURE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF DUOMAY FURNITURE, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, PARTNERS, OWNERS, AGENTS, AND LICENSORS RELATING TO OR ARISING OUT OF THESE TERMS, THE SITE, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL FEES, IF ANY, PAID BY YOU TO DUOMAY FURNITURE FOR USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO LIABILITY; OR (B) $100.
Certain states and jurisdictions do not allow limitations of liability, so these limitations may not apply to you. In such states and jurisdictions, the liability of Duomay Furniture shall be limited to the fullest extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold Duomay Furniture, its affiliates, subsidiaries, parent companies, partners, owners, agents, licensors, and other related parties harmless from any claims, actions, demands, liabilities, damages, losses, costs, expenses, fees (including attorneys’ fees) arising from or relating to: (a) your use of the Site; (b) your User Content; (c) your violation of these Terms; and (d) your violation of any rights of any other person or entity. Duomay Furniture reserves the right to take exclusive control of any claim for which you are required to indemnify us, and you agree to cooperate fully in our defense of these claims.
Governing Law
These Terms and your access to and use of the Site will be governed by, construed under, and enforced in accordance with the laws of the State of Tennessee, without regard to choice or conflicts of law principles. Any disputes arising out of or related to these Terms or the Site will be settled in the courts located in Nashville, Tennessee.
Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Entire Agreement
These Terms, including the Privacy Policy, constitutes the entire agreement between you and Duomay Furniture relating to their subject matter and supersedes any prior understanding or agreement regarding the Site and Products.
Contact Us
If you have any questions about these Terms, please contact us at:
Duomay® Furniture
150 25th Ave N
Nashville, TN 37203
United States
Email: [email protected]
These Terms were last updated on March 01, 2023.
