TERMS AND CONDITIONS
This website is owned and operated by Dennis Dennis. Please review the following rules that govern the access and use by any person (“You” or “Your”) of our Site (the "Agreement"). Please note that Your use of our Site constitutes your agreement to follow and be bound by this Agreement.
GENERAL
We may from time to time change the rules that govern Your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
PRIVACY
The Privacy Policy and Security Statement form part of the Terms and Conditions.
COPYRIGHT
The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, illustrations, images, photographs, video clips, audio clips, digital downloads, data compilations, written and other materials that are part of this Site (collectively, the "Contents") and software (‘the Works’), is the exclusive property of Dennis Dennis or its content suppliers, and is protected by the United States copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.
TRADEMARK
Dennis Dennis trademarks appearing at this Site and other identified trademarks are trademarks of Dennis Dennis.The mark may not be used, in any way, without the prior written permission of Dennis Dennis.
LICENSE
Dennis Dennis grants You a limited, non-exclusive, revocable license to: access, use, and download the Contents of our Site solely for non commercial and personal purposes; access and use the Site solely for non-commercial and personal purposes; and if You are an Internet service provider, supply the Works contained in the Site to Your subscriber. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, adapt, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Violation of this policy may result in infringement of intellectual property and contractual rights of Dennis Dennis and/or third parties, which is prohibited by law and could result in both civil and criminal penalties. Information and materials posted by Dennis Dennis are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. Dennis Dennis gives no assurance whatsoever regarding such information and materials.
SUBMISSION OF MATERIAL,COMMENTS AND FEEDBACK TO THE SITE
Dennis Dennis may invite (‘Invitation’) You to submit material, including photographs, images, video clips, postcards, feedback data such as questions, comments, suggestions and any other response (‘Material’), to the Site (particularly to the ‘Gallery’ and ‘Competition’ sections of the Site). All submissions, offered to Dennis Dennis on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Material") shall be and remain Dennis Dennis' property. Such disclosure, submission or offer of any Material shall constitute an assignment to Dennis Dennis of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Material. Thus, Dennis Dennis will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Material. Dennis Dennis is and shall be under no obligation (1) to maintain any Material in confidence; (2) to pay to user any compensation for any Material; or (3) to respond to any user Material submission.
Upon submission of any Material to Dennis Dennis, you are claiming to be the rightful and lawful owner of that Material, with all accompanying rights to sell or distribute that image/s, including the right to transfer all rights and title to the copyright to another person/s. You are, and shall remain solely responsible for any Material submitted, and if you are deemed not to be the original owner of the submission, you may be liable for all legal claims and damages with respect thereto.
By submitting any Material to Dennis Dennis, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999) authorizing the assignment of all rights, title and interest in all such Material to Dennis Dennis, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity. You agree that Dennis Dennis may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
You may submit Material to the Site, provided that such Material:
is accurate;
is not defamatory, obscene, threatening, pornographic, or offensive;
does not violate any applicable law, including communications that would give rise to criminal or civil liability;
does not advocate any illegal activity;
does not infringe the intellectual property rights of any third party;
does not violate or infringe the rights of any person or entity, including a person’s right of privacy; or
does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’.
You warrant and represent that:
any Material submitted to the Site is original and will not infringe or breach any law or any person’s right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);
any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Dennis Dennis, free from any claim by any person;
You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by Dennis Dennis in perpetuity, without any requirement for Dennis Dennis to make any payment to You or such third parties, and can provide any written evidence of this to Dennis Dennis on Dennis Dennis request;
You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit Dennis Dennis rights to use the Material;
as to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person’s name, likeness and life story in connection with any use of the Material and You hereby assign such rights to Dennis Dennis;
You will enter into any formal written documentation if required by Dennis Dennis, to formalize Your assignment of all rights in the Material to Dennis Dennis; and You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.
MONITORING OF SUBMITTED MATERIAL
Dennis Dennis shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. Dennis Dennis nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions.
PRODUCT COLORS INFORMATION
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
PURCHASE OF PRODUCTS
At the ‘Collections', 'DD For Men', 'Accessories' and 'Shop by Category’ sections of the Site, Dennis Dennis advertises certain products for sale (‘Product’ or ‘Products’); and lists the price for each Product (‘Purchase Price’).
You can make an offer (‘Offer’) to purchase a Product or Products from Dennis Dennis at the relevant Purchase Price, by:
accessing the ‘Collections', 'DD For Men', 'Accessories' and 'Shop by Category’;
selecting the Product or Products with respect to which you wish to make an Offer, and clicking the ‘add to cart’ button;
inserting the ‘quantity’ of the Product or Products that you require, and clicking the ‘checkout’ button;
selecting the ‘Shipping Destination’ that you require and clicking the ‘next’ button;
selecting the ‘Shipping Method’ that you would prefer and clicking the ‘next’ button;
completing the ‘Customer Information' Form and clicking the ‘next’ button; and
providing your ‘Payment Details’ at the PayPal card services section of the Site and clicking the ’continue’ button.
Dennis Dennis is deemed to have accepted (‘Acceptance’) the Offer when PayPal sends an email message to You, confirming that payment of the Purchase Price (‘Payment’) has been processed.
Payment will be processed by PayPal simultaneous to Acceptance. Payment must be made by Debit Card (Bank Card) or Credit Card (Visa, MasterCard, American Express and Discover).
An agreement (‘Agreement’) exists between You and Dennis Dennis, for you to purchase from Dennis Dennis the Product or Products with respect to which you have made an Offer, upon Acceptance.
The entire Agreement consists of:
the Offer;
the Acceptance; and
the Terms and Conditions.
Each separate Offer and Acceptance, together with the Terms and Conditions, forms a separate Agreement.
If Dennis Dennis owes money to You under one Agreement, Dennis Dennis may set-off that money against any money that it owes You under another Agreement.
Dennis Dennis will deliver the Product or Products to You:
at the address for delivery (‘Delivery Address’) provided by You in the Customer Information Form in the Offer;
by way of the Shipping Method selected by You in the Offer;
at the price (‘Shipping Price’) that corresponds with the Shipping Method selected by You in the Offer; and
within a time that is, at the discretion of Dennis Dennis, feasible.
Anyone at the Delivery Address who receives the Product or Products is deemed to be authorized to receive the Product or Products. Property and risk in the Product or Products passes to You upon delivery to the Delivery Address.If You are not satisfied with the quality of the Product or Products You have purchased pursuant to an Agreement, Dennis Dennis will exchange (‘Exchange’) to You for the Product or Products, provided:
You return the Product or Products in new condition with the tags attached, and with all information Dennis Dennis will need in order to correctly Exchange the Product or Products to You (including invoice number, name, address, and your requirements); within either:
forty (40) days from the date the Agreement is made, if the Delivery Address is outside USA; or
(ii) fifteen (15) days from the date the Agreement is made, if the Delivery Address is inside USA.
The Shipping Fee is not refundable.
There will be no Shipping charge for any initial Exchange with respect to an Agreement.
A replacement Product or Products with respect to an Exchange will be delivered to you by way of:
USPS Postal services or UPS, if the Delivery Address is inside USA; or
airmail, if the Delivery Address is outside USA; or
courier, if requested by You (but will incur an extra charge for shipping, being the difference between the cost for shipping by courier and the cost for shipping by air mail).
LINKS TO THIRD PARTY SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Dennis Dennis does not control. Dennis Dennis makes no representations whatsoever about any other web sites which You may access from this Site (‘Third Party Site’). A link from this Site to a Third Party Site does not mean that Dennis Dennis endorses or accepts any responsibility for the content or use of the Third Party Site. Third Party Sites are accessible from the Site only for the convenience of the user. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
ELECTRONIC COMMUNICATIONS
You consent to receiving communications from Dennis Dennis electronically, including electronic mail or notices posted on the Site.
You acknowledge that all agreements, notices, disclosures and other communications that Dennis Dennis provides to You and that You provide to Dennis Dennis electronically, satisfy any legal requirement that such communications be in writing.
CHANGES
Dennis Dennis may add to, delete, or otherwise change any of the Terms and Conditions by giving You notice (‘Notice’):
by electronic mail; or
by ordinary post to your address contained in the Customer Information; or
by posting on the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Dennis Dennis reserves the right to modify or adapt any part of the Works (including information about a Product or Products) without notifying current or prospective customers or users.
Dennis Dennis is not responsible for any errors or defects (including without limitation computer viruses, typographic errors or other inaccuracies) in any Works contained in the Site. Dennis Dennis intends any information contained as part of the Works to be accurate and reliable. However, errors may occasionally occur. Therefore, this site and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that Dennis Dennis, its related bodies corporate and their directors, employees and/or agents shall not be liable for any loss, claims, damages or costs (including legal costs) arising out of, or in connection with, Your use of or inability to use the Site, including but not limited to direct, indirect, incidental, special, exemplary and all consequential damages or losses of profits or opportunity to any person, even if such losses or damages were reasonably foreseeable.
Your sole remedy in the event of any deficiency or error shall be to request that Dennis Dennis correct the matter or, if Dennis Dennis fails to do so, to discontinue use of the service at your option.
In no event will the liability of Dennis Dennis to You for any damages, losses, claims or otherwise, exceed the amount paid by You, if any, with respect to Your purchase of a Product or Products from Dennis Dennis, pursuant to an Agreement, through the Site.
INDEMNITY
You agree to defend, indemnify and hold Dennis Dennis harmless from and against any and all claims, actions, liabilities, damages, costs and expenses, including attorneys' fees, legal costs and expenses arising from or related to your use of the Site, the Site Links to third party sites or any breach of the Terms and Conditions by You, including, without limitation, Your warranties and representations with respect to the Material.
JURISDICTION
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Dennis Dennis's products and services available in the United States and select foreign markets. This Site is controlled and operated by Dennis Dennis from its office in California, USA. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Riverside and/or the Central District of California.
WAIVER
No failure or delay of either party to exercise rights or remedies under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any rights or remedies preclude any further or other exercise of the same or any other rights or remedies.
SEVERABILITY
The Terms and Conditions constitute:
the entire agreement between Dennis Dennis and You regarding Your use of the Site, and Your grant of all rights in any Material submitted to the Site; and
part of an Agreement for You to purchase Goods from Dennis Dennis through the Site.
The Terms and Conditions supersede all previous, written or oral agreements between You and Dennis Dennis.
No waiver of any breach of the Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.
If any provision of this Agreement is held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of this Agreement and the application of such provisions in any other circumstances, and in any other jurisdiction, shall not be affected thereby.
Your indemnity and assignment of all rights in any Material submitted to Dennis Dennis and the Site will survive any change to, or termination of, the Terms and Conditions.
