Please read these terms and conditions carefully before using the https://b-darlin.com website and purchasing products from B Darlin®.
Intellectual Property
The https://b-darlin.com website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by B Darlin®, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the https://b-darlin.com website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website.
The B Darlin® name, logo, trademarks, service marks, and trade dress are owned by and proprietary to B Darlin®. You may not use our trademarks, service marks, or trade dress in connection with any product or service in any way that is likely to cause confusion or dilute our brand.
User Content
We may now, or in the future, offer users of our website the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the website (collectively, “submit”) messages, text, illustrations, audio, video, photographs, images, graphics, comments, responses, sounds, music, photographs, creative suggestions, ideas, notes, drawings, concepts, information, ratings, reviews or other materials and other content (collectively, but excluding B Darlin® intellectual property, “User Content”).
By submitting User Content, you agree that you have all necessary rights and licenses to submit such User Content and grant the licenses described below.
You hereby grant to B Darlin® a perpetual, royalty-free, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, perform, and display your User Content in whole or in part, and to incorporate it in other works in any form, media, or technology.
You further agree that B Darlin® is free to use any ideas, concepts, techniques, or know-how contained in any User Content you submit for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating or derived from such information.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and permissions necessary to grant B Darlin® the license to the User Content as set forth above; (ii) neither the User Content, nor your submission, posting, transmission, or provision of the User Content, nor B Darlin®’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) no B Darlin® compensation of any kind is due or owed to any third party in connection with the User Content or B Darlin®’s use thereof as permitted herein.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by B Darlin® in its sole discretion. B Darlin® reserves the right to remove and/or not display submitted User Content, but is under no obligation to do so.
B Darlin® takes no responsibility and assumes no liability for any User Content submitted by you or any third party.
Online Store Terms
By placing an order through the B Darlin® online store, you agree to the following terms:
- You are responsible for reading the product description before ordering to ensure the item meets your needs and preferences.
- Your total order price includes the price of the product plus any applicable sales tax and shipping & handling charges.
- You must provide your name, phone number, email address, shipping address, and any other requested details to complete the order.
- B Darlin® reserves the right to cancel any order due to product unavailability or reasons beyond B Darlin®’s control. You will be notified promptly if this occurs.
Payment
- All orders must be paid in full before being shipped. Accepted payment methods include credit/debit card and any other method stated at the time of purchase.
- Credit card payments are processed securely through a third-party processor. Your credit card details are not stored by B Darlin®.
- B Darlin® reserves the right to verify the identity of the credit card holder by requesting additional information.
Promotions & Discounts
- Promotions, discounts, and coupon codes are made at B Darlin®’s sole discretion and may be discontinued at any time without notice.
- Discounts and promotions cannot be applied retroactively to previous orders.
- Only one coupon code may be used per order unless otherwise stated.
Shipping & Delivery
- We endeavor to ship orders within 2-5 business days after the order is placed. Transit times vary and are not guaranteed.
- Shipping costs will be calculated at checkout based on weight, dimensions, and destination. Delivery delays can occasionally occur.
- We only ship domestically within the United States. We do not ship to P.O. boxes or outside the U.S.
- Delivery delays or order changes/cancellations may occur during holidays, inclement weather, or other factors outside our control.
- If an item is lost or damaged in transit, please contact B Darlin® Customer Service so we can file a claim or send a replacement.
Returns & Exchanges
- Purchases can be returned in original condition within 30 days of the delivery date for a full refund of the product price, not including original shipping fees.
- Return shipping costs are the responsibility of the customer. B Darlin® will provide a prepaid shipping label for exchanges.
- Sale items or custom products cannot be returned. We also do not accept returns on intimate apparel, bathing suits, or jewelry for health and hygiene reasons.
- Exchanges are gladly issued within 30 days if the new item is available. If the product is no longer available, a refund will be issued instead.
- Refunds may take 2-3 billing cycles to appear on your account, depending on your credit card company.
Disclaimers
The B Darlin® website and all products are provided on an “as is” basis without warranties of any kind, either express or implied. B Darlin® disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
B Darlin® makes no representations or warranties that the website or products will meet your requirements, or that the operation of the website or products will be uninterrupted or error-free.
To the fullest extent permissible by law, B Darlin® will not be liable for any damages of any kind arising from the use of this site or products, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Indemnification
You agree to defend, indemnify and hold harmless B Darlin® and its licensee and licensors, and their employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs) arising out of or related to: (i) your use of and access to the B Darlin® website and products; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Use and your use of the B Darlin® website and products. You agree to cooperate as fully as reasonably required in the defense of any claim.
Limitation of Liability
In no event shall B Darlin®, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services and products; (ii) any conduct or content of any third party on or through the services and products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from or through the services and products; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We assume no liability or responsibility for any errors or omissions in the content of the site. We do not endorse the contents of any user advertisements or user content. We have no obligation to pre-screen, monitor, review or edit any user content.
The maximum aggregate liability of B Darlin® arising out of or relating to these Terms of Use, whether arising out of or related to breach of contract, tort, or otherwise, shall not exceed the total fees paid to B Darlin® for the product or service that is the subject of the claim.
Governing Law
These Terms shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and B Darlin® that arises in whole or in part from our products shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Texas.
Modification to Terms
We reserve the right to modify these Terms of Use at any time. Updated versions of the Terms will appear on this website. Continued use of B Darlin®’s website or products after any such change constitutes your acceptance of the new Terms.
It is your responsibility to review these Terms of Use periodically for updates. If you do not agree to any of the Terms presented here, you may not continue to access or use the B Darlin® website or products.
Contact Us
If you have any questions about these Terms of Use, please contact us:
B Darlin®
1234 Fashion Drive
Dallas, TX 75001
Email: [email protected]
Phone: 800-555-1234