Donna Milan Terms and Conditions of Use
A. Use of the Site B. Products Offered by Donna Milan C. Placing Orders on the Site
Welcome to the donnamilan.com website (the “Site”), the official website of the Donna Milan and its affiliated and subsidiary companies (collectively “Donna Milan”). Donna Milan encourages you to read carefully these Terms and Conditions of Use and our Privacy and Security Policy (collectively ” Terms” ) before using or registering on the Site.
These Terms describe the legal relationship between you (an individual, representing yourself, or if applicable, acting as legal representative for a company or other legal entity) (” you” or “your”) and Donna Milan. Donna Milan provides web-based services and information to you subject to these Terms.
By accessing, browsing and/or otherwise using the Site, you, your agents and authorized representatives are indicating that you have read and agree to follow and be bound by these Terms. Please read these Terms. If you do not agree to these Terms, do not access the Site.
Although Donna Milan may attempt to notify you when some changes are made to these Terms, we may modify these Terms at any time and from time to time in our sole discretion without notice to you. You should periodically review these Terms carefully in order to make sure that you are aware of the most current terms and conditions for the use of the Site because any use or viewing of the Site by you after any change to these Terms, whether or not you have reviewed the amended Terms, constitutes your acceptance of these Terms as changed. These Terms as amended from time to time shall remain in full force and effect anytime you use or access the Donna Milan Site.
The current version of these Terms is October 6, 2015. These Terms apply to your access to and use of this Site.
You must be at least 13 years of age to use the Site and/or any related services provided on the Site. If you are between the ages of 13 and 18, you may only use the Site and services with the consent and involvement of your parent or legal guardian. By accessing, browsing and/or otherwise using the Site, you represent and warrant: (i) that you are at least 18 years of age or (ii) that, as parent or guardian, you agree to these Terms and Conditions of Use and Donna Milan’s Privacy and Security Policy and authorize your child who is between the age of 13 and 18 to use the Site and related, subject to your responsibility for their conduct.
A. Use of the Site
1. General
This Site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site may contain technical inaccuracies or typographical errors. Information, including store-based pricing, advertising and marketing materials, product pricing and availability, may be changed or updated at Donna Milan’s discretion without notice.
2. Information You Submit.
All information you submit to us shall be true, accurate and complete. No information or material provided to Donna Milan by you, or an agent working on your behalf, may (i) contain vulgar, obscene, threatening, or otherwise unlawful language or material; (ii) reasonably under the circumstances might be deemed threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically, or otherwise offensive or discriminatory; (iii) be tortuous, defamatory, libelous, invasive of another person’s privacy, or violate another person’s publicity rights; (iv) bear any false, disguised, or misleading origin; or (v) be confidential and you do not have a right to disclose. By sending content, information or material, you grant Donna Milan an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and/or distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Donna Milan is free to use ideas, concepts, know-how or techniques that you send us without any compensation or acknowledgement.
3. Conduct.
As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site. Byways of example, and not as a limitation, you agree:
• Not to transmit or upload any material to the Site that contains viruses, horses, worms, time bombs, or any other harmful or deleterious programs; • Not to interfere with or disrupt the Site networks or servers; • Not to delete any legal notices, disclaimers or proprietary notices • Not to misrepresent your identity or credit information; • Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means; and • Not to interfere with Donna Milan or another authorized party’s use and enjoyment of the Site.
4. Links to Other Web Sites.
This Site may contain links to other websites to help customers learn more about the products available at Donna Milan. Donna Milan is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Donna Milan of the subject website or any association with its operators. Donna Milan does not have control over and is in no manner responsible or liable for, the availability, accuracy and content of the websites to which this Site is linked. Donna Milan makes no representations whatsoever about any other site you may access through this Site. Any concerns regarding any product or service offered by a website to which this Site is linked or the link itself should be directed to the operator of that specific website and not to Donna Milan.
5. Monitoring of Site.
Donna Milan has no obligation to monitor the use of the Site or retain the content of any of the sessions on the Site. However, Donna Milan reserves the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of Donna Milan.
6. Copyright and Intellectual Property Ownership.
Donna Milan is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. Donna Milan may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.
7. Limited License to Use Materials Provided on the Site.
Donna Milan grants you a limited license to use the materials made available on the Site only for your personal use. The materials on the Site shall not be used for any commercial purposes whatsoever. You acknowledge that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of Donna Milan. Donna Milan, in its sole discretion, may revoke this license at any time without prior notice to you and without liability.
8. Right to Download.
You may only download content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and/or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.
9. Termination of Use.
Donna Milan may, in its sole discretion, terminate your account or your use of the Site at any time without liability. You are personally liable for any orders that you place or charges that you incur prior to termination.
10. Disclaimer.
You assume all responsibility and risk for the use of this Site and the Internet generally. This Site is provided by Donna Milan on an ” AS IS” basis. Donna Milan 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, to the fullest extent permissible by applicable law. Donna Milan disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.
11. Limitation of Liability.
IN NO EVENT SHALL Donna Milan OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE SITE, YOUR USE OF THE SITE, OR ITEMS, PRODUCTS SOLD THROUGH THE SITE OR OMISSIONS IN THE CONTENT THEREOF, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF Donna Milan OR ITS RESPECTIVE REPRESENTATIVES OR SUCH INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, Donna Milan IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF YOUR USE OF THE SITE OR ANY ITEMS SOLD THROUGH OR THE SITE OR SERVICES PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE SITE, Donna Milan’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (A) THE TOTAL OF THE ORDERS PLACED BY YOU THROUGH THE SITES IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST Donna Milan, OR (B) $1,000.00.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL TRIALS BY JURY AND ANY LIABILITY OF Donna Milan FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARE WAIVED. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
12. Indemnification.
You shall indemnify, defend and hold Donna Milan and its officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (and all legal costs including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of these Terms by you or your use of the Site or information provided by you to the Site.
B. Products Offered by Donna Milan
1. Information.
Unless indicated otherwise, most products and services featured on the Site are available directly from or through Donna Milan. Donna Milan has made a conscientious effort to display and describe its products and services on the Site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Donna Milan is constantly improving its products, product information and services.
2. Warranties.
Most products and product options displayed on the Site are available, but in some cases, certain products, product options or other merchandise displayed for sale on the Site may not be immediately available for order. Further product details, including specifications, images, colors, prices and features thereof, may not be an accurate representation of the actual product. All configurations and information generated on the Site are subject to change without notice. Donna Milan reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. All information of any sort related to the products offered on the Site should be independently confirmed and verified by you when you place your order with an authorized Donna Milan representative or agent.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER SHOULD NOT RELY ON ANY DIMENSION, SPECIFICATION OR INSTALLATION INFORMATION PROVIDED ON THE SITE, AS SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OUTDATED AND/OR NOT APPLICABLE TO YOUR PARTICULAR SITUATION. Donna Milan SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE AND/OR RELIANCE THEREON.
YOU ACKNOWLEDGE THAT ANY ITEMS ADVERTISED ON THE SITE AND/OR SOLD BY Donna Milan ARE ACCEPTED “AS IS, WHERE IS, AND WITH ALL FAULTS.” Donna Milan MAKES NO (AND Donna Milan EXPRESSLY DISCLAIMS ANY) EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WHATSOEVER OTHER THAN TITLE WITH RESPECT TO THE ITEM INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE ITEM IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE OR NONINFRINGING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Donna Milan DISCLAIMS AND YOU HEREBY WAIVE, ALL OTHER WARRANTIES, GUARANTEES OR LIABILITIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE (ii) ANY WARRANTY AS TO THE CONDITION, DESIGN SUITABILITY, OPERATION, QUALITY OF WORKMANSHIP OR MATERIALS, OR HISTORY OR LEVEL OF USE, MAINTENANCE, SERVICE OR REPAIR, OF THE ITEM, OR (iii) ANY WARRANTY AS TO THE USE, CONDITION (INCLUDING, WITHOUT LIMITATION, THE ABSENCE THEREFROM OF LATENT, INHERENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE), QUALITY, DESCRIPTION OR SPECIFICATIONS OF THE ITEM.
TO THE EXTENT NEW JERSEY LAW PROHIBITS THE WARRANTY LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
C. Placing Orders on the Site.
You may place an order for the purchase of merchandise on this Site. All purchases are subject to the Terms and Conditions of Use, including the following:
1. Order Limitations.
Receiving a web order confirmation via e-mail or an online ordering confirmation does not guarantee the acceptance of an order by Donna Milan. Donna Milan may, at its own discretion, limit or cancel items or quantities purchased per person, per household or per order. Donna Milan also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail, phone and/or billing address provided at the time the order was made. Donna Milan reserves the right to limit or prohibit sales to dealers. Donna Milan reserves the right to discontinue the sale of any product listed on the Site at any time without notice. You acknowledge that there may be a period of time after an order has been submitted where the ordered product becomes unavailable. If a product is not in stock or is otherwise unavailable for shipment following completion of the ordering process, you will be contacted to discuss the cancellation of your order under such circumstances; you agree that we may cancel your order before or after completion of the order process. Rarely, you may receive a shipping confirmation from us, but the product is no longer available. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability. In the event that Donna Milan cancels an order after a shipping confirmation has been sent to you, Donna Milan will refund all fees paid by you for the cancelled products.
2. Pick Up at Store Order.
A Pick Up at Store order is filled by the store you choose when placing the order. An e-mail will be sent when the order is ready for pick-up. The order may picked-up by the customer or a customer designee.
3. Availability.
Certain products may not be available for sale in all areas. Please Product Suitability below.
4. Terms of Sale.
Donna Milan’s acceptance of any order is subject to your assent to all of the terms and conditions set forth in these Terms. No addition or modification of these Terms shall be binding upon Donna Milan unless agreed to by Donna Milan in writing. If a purchase order or other correspondence contains terms or conditions contrary to these Terms or any terms and conditions contained in Donna Milan’s acknowledgement, Donna Milan’s acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Donna Milan of any of the terms and conditions contained in Donna Milan ‘s acknowledgment.
5. Pricing.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets and areas. Prices may and will vary between the Site and Donna Milan stores and the prices are not guaranteed to be matched at the time of purchase. Donna Milan does not guarantee or provide any warranty regarding the stability or accuracy of any currency exchange rates. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
6. Paying for Your Order
You may pay for your orders with credit cards as indicated on the Checkout Payment page of the website. When an order is submitted, Donna Milan may pre-authorize your order amount with your credit card provider at the time you place the order, which may have an effect on your available credit line. Also, please note that the total purchase price of your order will be reserved on your credit card at the time your order is placed and could remain reserved for a period of business days (depending on your banking institution’s policies), even if your order is canceled.
7. Online Promotions and Coupons
Online promotions and coupons, except those which explicitly state they are for online-only, are valid in-store and online, during the dates specified. Some promotions or coupons are valid ONLY on donnamilan.com.com while others are valid on donnamilan.com and in Donna Milane stores. Please read the promotion or coupon details carefully for terms of use. Limit one coupon and transaction per person. Not valid on Donna Milan gift cards, memberships or Tippman Sewing Machines. Other exclusions may apply to any promotion or coupon. See coupon for details.
8. Using Gift Cards.
When redeeming a Donna Milan Factory Gift Card for an internet order, a credit card number must be supplied. To use Donna Milan Factory Gift Cards at donnamilan.com , please fill your shopping cart. Proceed to the Checkout Payment page. In the Order Instructions/Comments, type “Please apply gift card [gift card number] to this order.” Note: At this time, our website will not apply the gift card amount to your purchase in your shopping cart total. However, it will be applied to your invoice prior to processing your credit card.
Content of the Site is © Donna Milan, Inc., 2019, All Rights Reserved. All text, images, graphics, animation, videos, music and other materials on the Site are subject to the copyright and other intellectual property rights of Donna Milan Inc. These materials may not be reproduced, distributed, modified or reposted to other websites without the express written permission of Donna Milan, Inc. or its affiliates.
Last updated: October 1, 2019