Terms of Service

  1. These U.S. Legal Terms (“Terms”), as amended from time to time, govern your access and use of the U.S. online store webpages (“Site”) at https://www.dorianashe.com/us/en.html that directly link to these Terms, including, without limitation, any purchases you make via the Site. YOU ENTER INTO A BINDING CONTRACT UNDER NEW YORK LAW BASED ON THESE TERMS WITH DORIAN ASHE USA LLC. (“DORIAN ASHE USA”, “WE” or “US”) IF YOU ACCESS OR USE THE SITE, OR PURCHASE ANY PRODUCTS ON THE SITE. If you do not want to agree to these Terms, you must leave the Site and cease any access, use or purchase activities.

  2. GOVERNING LAW AND CHOICE OF FORUM.

    These Terms, and any disputes arising out of or relating to these Terms, shall be governed by the laws of the State of New York, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. All legal proceedings arising out of or in connection with these Terms shall be brought exclusively in the City of New York, State of New York.

  3. DISCLAIMERS AND LIMITATIONS

    Site use and any purchase is “as is” and at your own risk. WE MAKE NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED FOR SALE ON THIS SITE. PRODUCT DESCRIPTIONS AND PHOTOS ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY MATCH THE PRODUCTS, GIVEN THEIR UNIQUE CHARACTER AND FREQUENT CHANGES IN DESIGN. WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    Exclusive remedies. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING (A) THE SITE SHALL BE THAT YOU LEAVE THE SITE, AND (B) ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR CANCELLATION, RETURN AND STORE CREDIT POLICIES.

    Our liability shall be limited. DORIAN ASHE USA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROFITS, OR REVENUE, OR COST OF COVER, OR ANY SIMILAR OR OTHER DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF DORIAN ASHE USA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

    IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF DORIAN ASHE USA TO YOU FOR ANY TYPE OF DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR U.S. $200.00.

    Force Majeure. Except for payment obligations, non-performance or late performance of either party shall be excused to the extent that performance is rendered impossible, commercially unreasonable, or delayed by strike, fire, flood, governmental acts or orders or restrictions, war, acts of terrorism, labor conditions, supply restrictions, communication or shipment problems, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the non-performing or late performing party whether or not similar to the foregoing.

    ACCESS AND USE.

    Property rights. We own or license the server and software on which the Site is hosted, all photos, text, videos and other content displayed on the Site, and all trademarks, logos, product names and other marks as set forth in the DORIAN ASHE Intellectual Property Rights Notice, and we reserve our rights to exclude you from any access and use, except as expressly set forth herein.

    Limited license. We grant you a limited, revocable (at any time, at our sole discretion), non-exclusive, non-transferable, non-sublicensable, royalty-free license to access the Site via general purpose Internet browser software for purposes of learning about products for private purpose purchases on the condition that you comply with these Terms, which constitute license limitations and conditions as well as contractual covenants. We do not authorize any other access, use or copying of the Site or any content of the Site, including, without limiting the generality of the foregoing, deeplinking, spidering, crawling, adaptation, or reproduction of the Site or any portions thereof.

    Submissions. If you, at your sole discretion, submit any information or other materials to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, unlimited (except as we expressly specify in our Privacy Statement or elsewhere on the Site) and fully transferable and sub-licensable right to copy, use, modify, sell and otherwise commercialize such materials throughout the world in any way now known or in the future discovered. You also represent and warrant that the materials are accurate and that you own the required rights to grant us the license specified in the preceding sentence. DO NOT SUBMIT ANY MATERIALS IF YOU CANNOT COMPLY WITH THESE TERMS.

    PURCHASE OF PRODUCTS.

    Private use only. By submitting your order, you represent that you are purchasing for private household use only. We do not authorize any sale of our products outside the U.S. or any commercial resale. You may purchase up to four items per individual article, except when otherwise indicated on the product page on the Site. We reserve the right to reject orders and further limit order quantities in our sole discretion at any time.

    Product information and availability. Without limiting the generality of the disclaimers and limitations set forth in these Terms, given the unique nature of our products we cannot assume any liability or responsibility for any inaccuracies or errors, or for any loss or damage caused by or arising from your reliance on information obtained from or through this Site, and we may change information at any time. We determine product availability at the time we email you the shipping confirmation.

    Price, payment, taxes. By submitting your order via the Site, you agree to pay the purchase price for the items you selected plus shipping and handling costs, and applicable sales tax, if any. Depending on the tax laws in your state, you may be required to pay use tax on purchases for which we do not collect sales tax. We accept the following forms of payment for purchases made through the Site: credit cards are: Visa, MasterCard, American Express, Discover. Store credits issued by DORIAN ASHE.

    Delivery. We will deliver the products you purchased to a common carrier at our office for shipment to the destination in the continental United States that you select; other details regarding shipping and delivery are described in the Shipping and Exchange page). You receive title and you bear all risks of loss and damage to the products from the time we deliver the products to the carrier at our warehouse. For security reasons, all purchases from the Site require an adult signature upon delivery.