Terms of Service

Last Updated: 31 Oct 2024

Welcome to DianaraFashion! By accessing or using our website and services, you agree to abide by these Terms of Service. Please read them carefully. If you do not agree to these terms, please refrain from using our website and services.

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1. Acceptance of Terms

By accessing, browsing, or purchasing from DianaraFashion (referred to as “we,” “us,” or “our”), the online store operated by DG Printing Enterprises LLC, you agree to be bound by these Terms of Service, our Privacy Policy, and any other policies referenced herein. These terms apply to all users, including but not limited to customers, browsers, vendors, and contributors of content.

2. Privacy Policy

Our Privacy Policy governs how we collect, use, and protect your personal information. Please review our Privacy Policy to understand how we handle data such as your name, email address, and shipping details to process orders, fulfill services, and personalize your experience. By using our services, you consent to data collection as outlined in our Privacy Policy.

3. Shipping Policy

All orders are processed and shipped according to our Shipping & Delivery Policy. This includes details on shipping fees, delivery times, and carrier expectations. While we strive for timely delivery, there may be delays due to carrier issues or peak holiday periods.

4. Return and Refund Policy

We want you to be satisfied with your purchase. Our Return and Refund Policy outlines the conditions under which returns and exchanges are accepted, including our 30-day return window, refund timelines, and any applicable conditions. Please review the policy before making a return request.

5. Payment and Billing Policy

We accept various payment methods, as outlined in our Payment and Billing Policy. We use secure third-party payment processors such as Shopify Payments and PayPal, and we do not store any payment information directly. For billing inquiries, or if payment fails, please consult our policy for assistance.

6. Intellectual Property Rights

All content on our website, including but not limited to text, images, logos, and graphics, are the intellectual property of DianaraFashion or are used with permission. These materials are protected by copyright, trademark, and other intellectual property rights. You may not use, reproduce, or distribute our content without explicit permission.

7. User Conduct and Responsibilities

By using our website, you agree not to engage in activities that:

• Violate any laws or regulations.
• Impersonate any person or entity or misrepresent your affiliation.
• Attempt to gain unauthorized access to our systems.
• Use any automated means to monitor or copy our site content without prior written consent.

We reserve the right to limit, suspend, or terminate access to our services for any user who violates these terms.

8. Product Descriptions and Availability

We strive for accuracy in product descriptions and pricing, but errors may occasionally occur. We do not guarantee that all information on the website is error-free. In the event of a pricing error, we reserve the right to cancel orders and refund payments.

9. Order Acceptance and Right to Cancel

Your order placement constitutes an offer to buy. We reserve the right to accept or reject your order for any reason, such as product availability or payment issues. If an order is canceled, you will be notified promptly, and a refund will be issued to the original form of payment.

10. Limitation of Liability

Under no circumstances shall DianaraFashion, operated by DG Printing Enterprises LLC, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of our services or any other claim related to your use of our site, including but not limited to errors in content or product descriptions, delays in shipping, or loss of profits.

11. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by DianaraFashion. We are not responsible for the content, privacy policies, or practices of any third-party sites. You acknowledge that we are not liable for any harm or damages related to your use of such third-party sites.

12. Changes to Terms

We reserve the right to modify or replace these Terms of Service at any time. Any changes will be posted on this page, and the “Last Updated” date will be revised. We encourage you to review our Terms of Service periodically. Continued use of our website and services constitutes acceptance of any changes.

13. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law principles.

14. Termination of Service

We reserve the right to suspend or terminate access to our website and services for users who violate these terms or engage in behavior that we deem harmful or illegal.

15. SMS Marketing

By consenting to Dianara’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy here to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing Dianara products or services, you agree that any controversy, claim, action, or dispute between you and Dianara arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Dianara’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

  1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

  2. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Dianara’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address].  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Dianara. You are responsible for ensuring Dianara’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

3. Class Action Waiver:

You and Dianara agree that you may bring or participate in Claims against Dianara only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Dianara agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

15. Contact Information

For questions regarding these Terms of Service, please contact us:

Store Name: DianaraFashion
Legal Business Name: DG Printing Enterprises LLC
Business Address: 1025 N Todd Ave, Azusa, California, USA 91702
Email: support@dianarafashion.com
Phone: +1 508 960 9679
Customer Service Hours: Monday to Friday, 10:00 AM - 5:00 PM