TERMS AND CONDITIONS

 

INTRODUCTION

This Agreement contains the complete terms and conditions that apply to you when making a purchase on our website as well as all other activities you will make on our website. By using or shopping from this Website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, and the content provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

 

Use of the site & PROHIBITIONS

The Site allows you to shop online. However, you are prohibited to do the following acts, to wit: (a) posting of items in inappropriate category or areas on our sites and services; (b) collecting information about users’ personal information; (c) maneuvering the price of any item or interfere with other users’ listings; (d) post false, inaccurate, misleading, defamatory, or libelous content.  You must not transmit any worms or viruses or any code of a destructive nature.

 

Payments AND PROCESSES OF INVOICES

Defy Brands, Inc. has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Defy Brands, Inc. prior to the latter’s acceptance of an order and shipment. Unless credit term has been agreed upon, payment for the products shall be made by Paypal.

Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice.  Defy Brands, Inc. has all the discretion to cancel or deny orders.  Defy Brands, Inc. is not responsible for pricing, typographical, or other errors in any offer listed on the website by Defy Brands, Inc. and reserves the right to cancel any orders arising from such errors. Invoices must be paid in full before shipment will occur.

If credit was offered Defy Brands, Inc. reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

 

Back Orders

It is our policy to sell items on back order.  These items are then batched with other sales and sent to our manufacturing facility.  Since these items are made specifically for you it can take 6 – 8 weeks for you to receive your order.  During that time it is not possible to cancel your order since the production process will have already began.

Thank you for you patience.  You will love your new pillow(s).

 

Return and Refund Policy

Due to high outbound shipping costs we charge a 25% restocking fee and the customer pays the return freight. 
We will gladly replace the item if it is damaged in shipping. 

 

 

RISK OF LOSS

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT PRICING & DESCRIPTIONS

The List Price displayed for products on our website represents the retail price listed on the product itself in accordance with standard industry practice.  In cases of mispriced in our website in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

If a product offered in our website is not as described, your sole remedy is to return it in unused condition.

 

Editing, Deleting and Modification

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

 

Acknowledgment of rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and all of its content belong solely to Defy Brands, Inc. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our products, services or documentation, or create or attempt to create a substitute or similar service or product through use of or access to this site or proprietary information related thereto.

 

Fraud

FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Defy Brands, Inc. shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

 

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this website, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total price of the products paid.

We make no express or implied warranties or representations with respect to any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.

 

Confidentiality

You agree not to disclose information you obtain from us. All information found on our website or provided to our end-user customer or potential customer is proprietary information of Defy Brands, Inc.  Such information is confidential and may not be disclosed. Customer or potential customer agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

 

NON-WAIVER

Failure of the Defy Brands, Inc. to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

 

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of Miami Florida, without any reference to conflict-of-laws principles.  Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Miami Florida, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

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