Consignment Terms and Conditions

 

  1. Consignment of Goods

The Consignor (“Seller”) shall deliver to Consignee, Designer Haven Miami (“DHM”) for the purpose of resale to DHM’s customers.

  1. Delivery and Maintenance of Consigned Goods
  • Seller shall deliver the consigned goods to DHM’s facility located at 4770 Biscayne Blvd. Suite 800 Miami, FL 33137. All delivery and sale of Consigned Goods will be on a consignment basis, in accordance with the provisions hereof.
  • Goods must be produced by manufacturers listed on DHM’s Accepted Vendor List.  DHM’s Accepted Vendor List may be modified at DHM’s discretion. Please check DHM’s website to ensure submitted item complies with DHM’s requirements.
  • Any items received by DHM that do not accurately match descriptions or are found to be inauthentic will be returned to the Consigner.
  • Any items not listed for sale will be returned to Seller within 30 days.
  • All Consignment items are accepted at DHM’s discretion and will be confirmed authentic before listing for sale.
  • By accepting an item from Consigner, DHM undertakes to make every reasonable effort to maintain the item in clean, merchantable condition.  DHM has the right to perform a light cleaning of Seller’s item.
  • Seller will be notified throughout the consignment process via email when Seller’s item is received, sold, or returned to Seller.

 

  1. Sale Proceeds and Commissions
  • Seller is entitled to 70% of the proceeds from the sale of Seller’s item. DHM shall withhold a 30% commission from the proceeds of each sale.
  • Upon the sale of Seller’s item DHM shall issue a payment via check or electronic fund transfer for proceeds of the sale less DHM’s commission.
  • Payment to seller shall be made within seven (7) days.
  • All items will be in DHM’s possession for 120 days, and will not be returned to Seller before the end of that term. Items that do not sell within 120 days will be returned to the Seller.

 

  1. Pricing
  • DHM will appraise each item provided by the Consigner.
  • DHM has sole authority to set or revise prices on all goods. Discounts, sales, and promotions are applied at DHM’s discretion. DHM sets prices with the understanding that it is advantageous for both the Seller and DHM to sell consigned goods at the highest price.

 

  1. Termination

DHM reserves the right to cancel this agreement at any time and return any item to Seller.

 

By submitting this form to Designer Haven you are stating that the above information is accurate
and to the best of your knowledge, this item is 100% authentic.

Designer Haven only accepts 100% authentic merchandise.

 

 

 

Terms and Conditions

 

By checking this box, you acknowledge that you have
read and agree to our updated Terms and Conditions

 

 

Acceptance of Terms and Conditions

 

These Terms and Conditions govern your use of the Designer Haven website (the “Site”) and all Designer Haven services and sales of products (the “Service”). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement (“Agreement”) between you and Designer Haven you agree to receive all communications from Designer Haven under this Agreement electronically via email, you agree to keep your current email address updated on your profile on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time.

 

Modifications to Terms and Conditions

 

Designer Haven (“DH”, “we,” “us,” and “our”) reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account (a) by notifying Designer Haven of your unwillingness to accept the changes to the Terms and Conditions by emailing customerservice@www.shopdesignerhaven.com or calling us at 1-866-515-9035; and (b) by immediately returning all outstanding items and discontinuing your use of the Service and the Site.

 

The Designer Haven Service and Limitations

 

The Service allows members to access the Site to buy or rent products from Designer Haven in accordance with these Terms and Conditions. Members also agree to comply with any terms, conditions, or policies that Designer Haven may provide to users from time to time on the site.

 

Members can choose products to rent from Designer Haven’s on-line selection, and have them shipped to the member’s address. Members may be required to make a deposit. The Site may limit the number of items that a member may rent at any time and/or to require the return of any or all rented items in your possession in the event a member fails to make required payments on time or at the Site’s sole discretion.

 

 

Pricing and Shipping

 

Rental rates are listed on the Site and are subject to change at the Site’s sole discretion.

 

Current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to rent may vary based upon (a) inventory availability, (b) delivery address, (c) date and time of order, and (d) other circumstances impacting delivery. Accordingly, Designer Haven makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped. The borrowing period begins the date of shipper’s (e.g. Fedex or UPS) delivery scan. The risk of loss for items shipped passes to you upon delivery by shipper. All confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery, you are required to contact Designer Haven immediately to place a tracer investigation with shipper and to temporarily suspend the borrowing period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item.

If you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by Designer Haven in its sole discretion, you agree that Designer Haven may charge your credit card and collect the full retail price for such an item. You are also responsible in the event of a theft or loss of an item and therefore you will be responsible for the full retail price immediately upon notification of the loss of the item. DH fees will continue to accrue until the payment is received in full. Also Designer Haven reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have rented.

 

Resellers- All Resellers must register with Designer Haven. If a Reseller fails to register, their account will be terminated immediately. In addition, Resellers, registered or un-registered, will be subject to the following provisions: (a) No rewards will be earned, (b) all sales are Final Sale and cannot be returned, (c) Resellers cannot use the Designer Haven trademarks, and (d) we reserve the right to terminate the relationship at any time without notice.

 

Designer Haven reserves the right to cancel any order at any time prior to delivery to the customer. In the event an order is canceled, the funds authorized or charged are released by Designer Haven and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.

 

Becoming a Member and Obtaining an Account

 

Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a member through the Site you are providing ‘written instructions’ to Designer Haven under the Fair Credit Reporting Act authorizing Designer Haven to obtain information from your personal credit profile or other information from Experian. You authorize Designer Haven to obtain such information solely to confirm your identity to avoid fraudulent transactions in your name. Typically this is done when requesting a “Credit Check Required” item HOWEVER we reserve the right to perform this at any time an order is placed. You must be 18 years of age or older to register as a member and use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”), and you agree to maintain and promptly update the Personal Information section of the site to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.

 

Billing

 

When you join as a member you will be required to provide Designer Haven with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Designer Haven or its agent to bill your credit card for the applicable per-item purchases or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your credit card as you incur them.

 

If Designer Haven does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize Designer Haven to charge outstanding fees and other amounts due us against any credit card you have on file with us. Designer Haven reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Designer Haven reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

 

You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

 

We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. Designer Haven or the member can terminate at any time at their discretion. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.

 

 

 

Authorizations

 

We reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to each item rented or purchased. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the Service.

 

Typically, an initial authorization for $1.00 is processed; this is to verify the validity of the card. There will then be a second authorization for the actual amount of the rental or purchase. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees will be charged. In the event an order is canceled, the funds authorized are released by Designer Haven and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.

 

 

Refunds/Returns

Designer Haven purchases may be returned for a Merchandise Credit (minus any expedited shipping fees) within 2 days of the customer’s receipt. The Authenticity tag must not be removed or reattached. The item must be unworn and in the original condition it was sent.

 

Customers are responsible for return shipping and insurance. Original expedited shipping fee is non-refundable. There will be no exceptions for returns outside this policy and Designer Haven is not responsible for those items. Any item stated FINAL SALE is not eligible for any return or refund.

 

Designer Haven will also accept rental returns if: 1) the item has not been worn/carried, 2) the Authenticity tag is attached AND 3) the item is scanned by UPS for return within 2 days of receipt. If the tag is unattached there will no refunds on the initial rental term. For rental renewals, if the item is in return transit within two business days of the renewal date, a full credit card refund will be issued. Any items sent back outside the two business days will be charged the rental fee and will not be applicable for a refund. An item may be returned earlier than renewal date, however the charge stands and no prorate or refund will be made for the unused time.

For any refunds/credits of returned items, please allow 2-3 business days after the item has arrived at our Head Office, in order for us to inspect and process the return. After the return is confirmed valid, the refund will be issued.

All refunds/credits will only be issued to the original form of payment.

 

Actual Damages, Liquidated Damages, Attorneys’ Fees and Costs Actual Damages

 

In the case of a failure to pay any debts or to return any item(s) when due to Designer Haven (hereinafter, a “default”), you will be liable to Designer Haven for its ACTUAL DAMAGES, including but not limited to the then-current borrow payment for each item until said item is received by Designer Haven in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then Designer Haven at its option may alternatively charge you the MSRP as maintained by Designer Haven for that item, plus 90 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If suit is filed, Designer Haven may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then Designer Haven will charge you the MSRP as maintained by Designer Haven for said item, plus 90 days rent from the date of default.

 

Liquidated Damages

 

Designer Haven spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that Designer Haven is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if Designer Haven commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $500 per-item charge for each item that remains unpaid and/or unreturned at the time that Designer Haven commences collection or legal action, which sum is intended to compensate for the expenditure of Designer Haven’s resources as a result of your breach of contract, fraud or other wrongful or negligent acts. In cases where Designer Haven has been unsuccessful in recovering its merchandise in an undamaged condition prior to the entry of a judgment against you, then Designer Haven ‘s LIQUIDATED DAMAGES will also include an additional 90-day RENT charge to cover the period from day 91 through day 180 following your default. This second, 90-day rental period is intended to provide a reasonable estimate of Designer Haven’s additional lost rental income caused by your wrongful retention of Designer Haven ‘s property. It will be charged to you at the same rate as was actually charged for the first 90-day default rental period. You understand and agree that the LIQUIDATED DAMAGES of (i) $500 per item plus (ii) the second, 90-day rent period for items that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate Designer Haven for the loss of its internal resources and for the loss of its future rental income.

 

Attorneys’ Fees, Costs and Interest

If Designer Haven commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses of litigation. You further agree that Designer Haven will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it’s LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.

 

Reservation of Rights

 

Designer Haven expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.

 

Privacy

 

Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions. Our Privacy Policy may be found at Privacy. Please review our Privacy Policy carefully.

 

Submissions

 

The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Designer Haven, or its shareholders, directors, officers, or employees. Designer Haven may review and delete any content, in whole or in part, that in the sole judgment of Designer Haven violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Designer Haven, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.

 

We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Designer Haven will not infringe on or violate the rights of any third party.

 

Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

 

Use Restrictions

 

You will not use the Site or Service to: (a) Upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way;  (c) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) Upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);  (e) Upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “Stalk” or otherwise harass another; (k) Write comments that in any way refer to persons under 18 years of age; (l) Collect or store personal data about other users.

 

Access Limits

 

Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Designer Haven grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of Designer Haven. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not: (a) Use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts).
(b) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information.

 

Disclaimers of Warranties; Limitations on Liability

 

The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided “as is”; Designer Haven makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. Designer Haven assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Designer Haven, or any conduct by users of the Site. Designer Haven reserves the right to refuse to ship products in its sole discretion. DESIGNER HAVEN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Designer Haven does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current.

 

DESIGNER HAVEN AND ITS AFFILIATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’ AND AGENTS’ LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS (INCLUDING GIFT CARD TERMS AND CONDITIONS) IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. DESIGNER HAVEN AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. DESIGNER HAVEN AND ITS AFFILIATES’, SUPPLIERS’, AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’ AND AGENTS’ TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CARDS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TODESIGNER HAVEN BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY DESIGNER HAVEN TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

 

Indemnity

 

You agree to indemnify and hold Designer Haven, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.

 

Intellectual Property

 

DESIGNER HAVEN is a trademark of Designer Haven. All Designer Haven graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Designer Haven Any trademarks not owned by Designer Haven that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Designer Haven. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Designer Haven, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.

 

Termination

 

You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.

 

Links and Advertising

 

We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. DESIGNER HAVEN IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.

 

Service Tests

 

Designer Haven tests aspects of its Service from time to time. Designer Haven reserves the right to include you in such tests without notice.

 

Governing Law, Jurisdiction, Venue and Arbitration

 

These Terms and Conditions are governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN MIAMI, FLORIDA, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY DESIGNHER HAVEN TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT DESIGNER HAVEN FROM THEFT OR FRAUD. AT DESIGNER HAVEN’S SOLE OPTION, DESIGNER HAVEN MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT DESIGNER HAVEN FROM THEFT OR FRAUD, IN THE FEDERAL OR STATE COURTS IN THE STATE WHERE YOU RESIDE, OR IN THE STATE WHERE THE PROPERTY IS LOCATED.

 

Any other controversy or claim arising out of or relating to these Terms and Conditions, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Miami, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Florida law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

 

Claims of Copyright Infringement

 

It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement under the DMCA and notify us of your concern by submitting a written notice to us at the following address:
4770 Biscayne Blvd.

Suite 800

Miami, FL 33137

 

Taxes

 

All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

 

General

 

Designer Haven‘s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from Designer Haven. These communications will include notices about your Account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Designer Haven is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms and Conditions comprise the entire agreement between you and Designer Haven and supersede all prior agreements between the parties regarding the subject matter contained herein.

 

Effective May 17, 2017


 

 

Designer Haven Online Privacy Policy

 

This privacy policy applies to Web sites owned and operated by Designer Haven Miami LLC (“Designer Haven”), including ShopDesignerHaven.com  (a “Site,”)

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Your privacy is important to us.

 

Safeguarding your privacy and the security of your personal information is important to us. Please take a few minutes to read the following policy so that you understand how we treat your personal information. As we continuously improve and expand our services, this policy might change. Please check it out periodically. If you have questions about our policy, please contact us using the information provided at the end of the policy.

 

How we collect information about you.

 

We collect information in the following ways:

  • Directly from you when you provide it to us.
  • From credit bureaus and other consumer information services.
  • From emails and other contacts sent to us by our customers and users of our Sites.
  • Electronically on all users of our Sites, including customers, by means of cookies.

Further details are provided below.

 

What personal information we collect.

 

When you register on our Site you are required to provide us your username/email address and password. In order to rent or purchase any item or service on our Site you must also provide us with your full legal name, valid credit card information, and a full street address including city, state and zip code, and telephone number. To protect ourselves and our customers from fraud, we may also collect additional information about our registered users from credit bureaus and other consumer information services.

Every time you use our service, we collect information about your usage. For example, we collect information regarding the products you browse and the orders you place on our Site.

 

If you contact us by letter, phone, online chat, or email, we will collect your sender information and may collect the other information you voluntarily disclose to us.

 

Our use of cookies.

 

Like many websites on the Internet, our Sites use cookies. Cookies are small strings of data placed on a user’s hard drive during the exchange of data that happens when the user’s browser points to one of our Site. Our cookies assist us in collecting information on what pages of the Site you access or visit, and in recording any preferences you indicate on the Site. We also use cookies to make your experience on our Sites more personalized and convenient.

 

Our cookies cannot and do not retrieve any other data from your hard drive. If you are just browsing one of our Sites, a cookie identifies your browser and an anonymous user id. If you place orders with us, we use cookies to assist in storing your preferences and recording other session information (a “session” is a single visit by you to our Site).

 

Third-party advertisers.

 

We may work with third-party advertisers that use cookies, web beacons, or other technologies to serve advertisements when you come to one of our Sites, and to generate statistics and metrics related to the delivery of those advertisements. We also may work with third-party advertising networks that use cookies, web beacons, and other technologies to collect non-personally identifiable information about your visits to and interactions with our Sites, and/or other websites, in order to provide targeted advertisements to you across their networks of websites (which may or may not include our Site). These third parties also may use this information for determining or predicting the characteristics and preferences of their respective advertising audiences, for measuring the effectiveness of their advertising and for other purposes.

 

How we store the information we collect.

 

We store the information you provide to us and the information we collect electronically in our computer databases. We maintain and operate our computer servers containing our databases. We maintain a variety of security measures to protect personal information in our control from unauthorized loss, misuse, alteration, or destruction. For example, we use firewalls and other security measures to restrict access to our computer servers. Please be aware, however, that although we make good faith efforts to maintain the security of personal information in our control, we cannot guarantee that it will remain free from unauthorized access, use, disclosure, or alteration.

 

How we use the information we collect.

 

We use the personal information about you stored in our member database in various ways to provide our services to you, to communicate with you, and to otherwise conduct our business.

 

For example, if you are a registered Designer Haven user, we can pull up personal information you have provided to us, such as your shipping and billing addresses, from our database during the checkout process to make processing your order faster and easier.

We also use information about your activities on our Sites, such as your brand preferences and choices of clothing and accessories, to contact you with special advertisements, offers and notices regarding items that we believe may fit with your preferences.

 

We also use non-personally identifiable “aggregate” information about how our service is used to improve our service, to make it more responsive to our customers’ preferences, and for other internal purposes. We also make such aggregate information (which does not identify any specific individual) available to third parties.

 

When and How We Share Information Collected

 

We may share your personal information with third party vendors who help us provide our services to you, such as email providers, mail houses, shipping firms, companies that provide us with marketing services, and other such third parties, but such sharing is always done pursuant to a contract that requires the third party to protect the confidentiality of such information and which prohibits them from using the information for any other purposes.

 

We may also disclose your personally identifiable information as we believe is reasonably necessary to comply with law, regulation or other governmental authority, to determine your credit status or enable debt collection, initiate legal proceedings to recover losses of or otherwise protect our rights or property, or for insurance claim processing, or to prevent harm to yourself or others.

 

From time to time, we may make our list of registered Designer Haven users available for use by select third-party companies whose products or services we believe may be of interest to our registered users. These third-party companies are only permitted to send limited email or postal mailings to our registered users regarding the company’s products or services. Our users’ contact information is provided to a company who manages this process and arranges for the messages to be sent, and is not provided to the third-party advertiser. If you prefer to have your name withheld from receiving email and postal mail from these third-party advertisers, please contact us at customerservice@ShopDesignerHaven and let us know.

 

Lastly, in the event we merge with another company, or we or our assets are acquired by another company, your personally identifiable information would likely be among the assets transferred or shared with such other company.

 

You can control what information we send to you.

 

You can limit the communications that we send to you. If you have a Designer Haven account and do not want to receive emails telling you about our great deals in the future, please let us know. You can change your preferences, or opt out of receiving promotional emails from us at any time by updating your account. There you can update your email address, phone numbers, and address. If you no longer wish to receive email updates, simply click the unsubscribe link at the bottom of any email. Our promotional emails to you will stop within 7 to 10 business days.

 

We may from time to time send non-promotional email to all registered users, including those who have opted out from promotional email, for the purpose of gathering and dispersing data to provide better services to our customers. Registered users will be under no obligation to reply or answer questions in non-promotional email. Non-promotional email will include, but will not be limited to, surveys, maintenance notices and system updates.

 

Our policies may change.

 

This is our current privacy policy, but we reserve the right to change any of our Sites, and this policy, at any time. If we update this policy, we will post the updated version on our Sites and will update the “last updated” date at the bottom of the policy. If we make a change to our policies regarding collection, storage and use of your information that is materially less restrictive in our use and disclosure of personal information that we collected prior to the update, we will provide you with prior notice of the pending update and seek your consent by posting notice on our Site or by contacting you using contact information maintained in your Designer Haven account. The information collected under the prior policy will continue to be governed by the prior policy, unless we obtain your consent to use that information in new ways.

 

You can access your information.

 

Registered users have the ability to access and update certain categories of personal information, such as name, email address, postal address, and telephone number, while logged in to their Designer Haven accounts.

 

A note about password security.

 

Certain personal information in your Designer Haven account is password-protected. In order to maintain this protection, we caution you not to provide your password to anyone. We recommend that, if you share your computer with other people, you close your browser window when your session is completed. Signing off will help protect your information if you share a computer with someone else or are using a computer in a public place like a library.

 

Please contact us with any questions or comments.

 

We want you to enjoy your use of our Site. If you have any questions about this privacy policy or our practices, or believe that a violation of this policy may have occurred, please let us know by contacting us at customerservice@ShopDesignerHaven.com.

 

Updated October 1, 2017

 

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