This Terms of Use Agreement sets forth the standards of use of the Don Quixote Home Decor Online Service for users. By using the www.donquixotehomedecor.com website you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.donquixotehomedecor.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service: Don Quixote Home Decor with website name of donquixotehomedecor.com (herein referred to as “Don Quixote Home Decor” is providing the Users with custom garment design and purchase services. And user must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties: The site is provided by Don Quixote Home Decor on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Don Quixote Home Decor makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Don Quixote Home Decor shall have no liability for any interruptions in the use of this Website. Don Quixote Home Decor disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability: Don Quixote Home Decor shall not be liable for any damages whatsoever, and in particular Don Quixote Home Decor shall not be liable for any special, indirect or consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, arising out of or related to this website of the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if Don Quixote Home Decor has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations are inapplicable.
4. Indemnification User: User agrees to indemnify and hold Don Quixote Home Decor, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service: Don Quixote Home Decor reserves the right to modify or discontinue the Service with or without notice to the User. Don Quixote Home Decor shall not be liable to User or any third party should Don Quixote Home Decor exercise its right to modify or discontinue the Service. User acknowledges and accepts that Don Quixote Home Decor does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites: Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.
7. Disclaimer Regarding Accuracy of Vendor Information: Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Don Quixote Home Decor makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Don Quixote Home Decor makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts of Texas: Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.
9. Compliance with Laws: User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information: All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Don Quixote Home Decor will all rights reserved, or are the property of Don Quixote Home Decor and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Don Quixote Home Decor is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Don Quixote Home Decor. All other trademarks displayed on Don Quixote Home Decor website(s) are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Don Quixote Home Decor.
11. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Don Quixote Home Decor designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Don Quixote Home Decor
417 Gentry
Spring,Texas 77373
By Telephone
281.528.0300
by Email: Click Here to Email Us
12. Botnets: Don Quixote Home Decor retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Don Quixote Home Decor reserves the right to direct the i.e. involved hostnames to a honey pot, loopback address, logging facility, or any other destination at our discretion.
13. Ordering Terms & Conditions Orders for Don Quixote Home Decor goods (the “Goods”) are subject to the following terms and conditions of sale. These terms and conditions of sale shall govern the sale of Goods from Don Quixote Home Decor to you and/or the company you are authorized to represent (“User”). Don Quixote Home Decor’s performance is expressly made conditional upon your agreement to these terms and conditions of sale. Any provisions or conditions of any purchase order or other document, which are inconsistent with or in addition to these terms and conditions are hereby rejected and shall be inapplicable and not binding upon Don Quixote Home Decor.
a. Ordering: Don Quixote Home Decor shall accept your orders in writing, by phone (with follow-up written confirmation). You may not cancel an order accepted by Don Quixote Home Decor (i.e., they are non-refundable), except upon the consent of Don Quixote Home Decor in each instance. You may pay for order by Master Card, VISA, Pay Pal or with a company check upon prior credit approval by Don Quixote Home Decor. Don Quixote Home Decor shall deliver Goods Freight-On-Board (FOB) at Don Quixote Home Decor shipping facility; risk of loss for Goods passes to you once Goods are loaded onto the courier at Don Quixote Home Decor’s facility. Don Quixote Home Decor shall make commercially reasonable efforts to meet any shipment date stated on the face of any accepted order. However, you understand and agree that shipment of Goods or picking up at Don Quixote Home Decor’s shipping facility is subject to availability, and Don Quixote Home Decor EXPRESSLY DISCLAIMS LIABILITY FOR ANY FAILURE TO MEET SUCH DELIVERY DATES. Don Quixote Home Decor shall have the right to deliver Goods at one time or in portions from time to time, and to invoice for those portions delivered. Payment will not be considered final until all freight charges and taxes billed to you have been paid. Don Quixote Home Decor may periodically offer other free freight promotions and free freight is subject to change. If approved in advance you may also pick up your orders at Don Quixote Home Decor.
b. Payment: With respect to items sold by Don Quixote Home Decor, we cannot confirm the price of an item until you order. Prices are exclusive of all embellishments, monograms, sales tax (if applicable) and shipping (if applicable). Payments are due when the item is picked-up or shipped to you. We do NOT charge your credit card (Master Card or VISA) or Pay Pal your order has entered the shipping process. In some cases Don Quixote Home Decor may require a deposit prior to accepting your order. · Late payment of any amount will be grounds for Don Quixote Home Decor to discontinue performance under these terms and conditions of sale. Any amounts not paid by the due date may be subject to a finance charge at a rate equal to the lesser of 1.5% per month or the maximum rate allowed by law. However, payment of such finance charge will not excuse or cure a breach or default for late payment. Returned checks will be subject to a $30.00 per check charge. Don Quixote Home Decor accepts Visa, MasterCard and Pay Pal (please ask your sales representative for details).
c. Pricing: All prices are subject to change without notice. Despite our best efforts, a small number of the items in our catalog may be priced incorrectly and we will not be held responsible for these errors or changes. Don Quixote Home Decor assumes no responsibility and shall incur no liability whatsoever if price change notices are not received. In the event of new federal or state taxes or legislation affecting the costs of products or items, Don Quixote Home Decor reserves the right to increase prices as it deems appropriate or necessary. Merchandise is subject to change or withdrawal, or may be temporarily or permanently out-of-stock. We assume no liability for delays or failure to deliver due to our inability to obtain supplies.
d. Discounted Pricing and Product Description: Orders placed for one to five pieces in a specific style, color and size group receive piece pricing. Six or more pieces in a specific style, color and size group may receive a reduced price. Many product descriptions include the weight of the product indicated in ounces. All weights included in product descriptions are averages based on the offering for that specific item. Weights are provided to Don Quixote Home Decor by the manufacturer.
e. Returns and Canceled Orders: Returns must be authorized by Don Quixote Home Decor in advance. Claims for returns for defective Goods must be made in accordance with the warranties in Don Quixote Home Decor’s “General Terms & Conditions of Sale”. Altered or embellished garments, excluding irregulars, are not returnable. Authorized returns must be accompanied by a return authorization form or number from Don Quixote Home Decor. Returns without original corresponding invoice number(s) will be credited at the lowest published price. Canceled orders or returns of unwanted merchandise must be approved in advance and will be subject to a 20% restocking fee plus applicable freight charges. Merchandise that is not Don Quixote Home Decor’s will be returned to you at your expense or disposed of by Don Quixote Home Decor. Discontinued or close-out items are not returnable. All returns must be prepaid. Please contact Don Quixote Home Decor’s Customer Service for a return authorization and shipping address.
14. Other Terms: If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Don Quixote Home Decor, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Last Updated 12/31/14