TERMS & CONDITIONS
welcome to ducducnyc.com. ducducnyc.com is comprised of various web pages operated by ducduc llc (the “company”). please review the following basic rules that govern your use of ducducnyc.com (the “site”). please note that by using ducducnyc.com, you agree to be bound by its terms and conditions of use (explained below).
the company reserves the right to update or modify these terms and conditions at any time without prior notice. each time you use ducducnyc.com, you should visit and review the then current terms and conditions of use that apply to your transactions and use of this site.
use of this site
by accepting these terms and conditions of use through your use of the site, you certify that you are 18 years of age or older. if you are under the age of 18, you may use this site only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions of use. if you are a parent or legal guardian agreeing to these terms and conditions of use for the benefit of a child, be advised that you are fully responsible for the child’s use of this site, including all financial charges and legal liability that he or she may incur. if you do not agree to (or cannot comply with) any of these terms and conditions of use, do not use the site.
all billing and registration information provided must be truthful and accurate. providing any untruthful or inaccurate information may constitute a breach of these terms and conditions of use. by confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
disclaimers and limitation of liability
ducducnyc.com is operated on an “as is,” “as available” basis, without representations or warranties of any kind. to the full extent permitted by law, the company disclaims any and all representations and warranties with respect to the site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. you acknowledge, by your use of the site, that your use of the site is at your sole risk.
without limiting the foregoing, the company disclaims any and all warranties, express or implied, for any merchandise offered on this site.
without limiting the foregoing, the company does not represent or warrant that the information on the site is accurate, complete, reliable, useful, timely or current or that the site will operate without interruption or error.
without limiting the foregoing, the company disclaims any liability as to the accuracy or completeness of each item description.
the company does not make any representation that content provided on this web site is applicable or appropriate for use in locations outside of the united states.
under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall the company or any of its affiliates, employees, directors, officers, members, partners, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use ducducnyc.com, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of ducducnyc.com has been advised of or should have known of the possibility of such damages.
the company’s total liability on all claims arising out of or in connection with the use of any merchandise offered on this site, whether in contract, warranty, tort (including negligence or breach of statutory duty), strict liability, indemnity, contribution, or otherwise, shall not exceed the purchase price of the merchandise. if you are dissatisfied with any portion of ducducnyc.com or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using the site.
certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
iii. intellectual property
unless otherwise noted, all content, including images, text, illustrations, designs, icons, photographs and written and other materials that is part of the site is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by the company or by third parties who have licensed their materials to the company. the company and its licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this site. access to this site does not confer and shall not be considered as conferring upon anyone any license under any of the company’s or any third party’s intellectual property rights.
you may create a link from your web site to the home page of ducducnyc.com provided that you obtain prior written consent from the company and provided that you do not link to the site from any site containing obscene, defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.
the potential linking to an internal or subsidiary page of the site located one or several levels down from the home page (“deep linking”) or the bringing up of or presenting content within another web site (“framing”) is not permitted without prior written permission from the company.
ducducnyc.com may contain links to other external web sites, either directly or by framing. the company shall endeavor to highlight such links. the company shall not be responsible for the availability or content of such external websites, and will not be a party to, or responsible in any way for, any arrangements regarding goods or services available from such external sites.
risk of loss
all items purchased from the company are made pursuant to a shipment contract. the risk of loss and title for such purchased items therefore pass to the purchaser upon delivery to the carrier.
users are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending unsolicited email, including promotions and/or advertising of products or services. violations of system or network security may result in civil or criminal liability. the company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site.
our web site stores information in a small text file, called a cookie, on your computer. we use what is called a “persistent cookie,” which is stored as a file on your computer and remains there when you close your web browser. the cookie can only be read by the web site that created it when you visit that site again.
we use this cookie to determine if you have visited the site before, and to assist us with monitoring traffic levels to our website. the information we store in the cookie does not include data such as your name, company, email address, telephone number, state/province, country or any information that you may have submitted through a form on our website.
we have made every effort to display the colors of our products that appear on the site as accurately as possible. however, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
by visiting ducducnyc.com, you agree that the laws of the state of new york, without regard to principles of conflict of laws, will govern these terms and conditions of use and any dispute of any sort that might arise between you and the company or its affiliates.
any dispute relating in any way to your visit to ducducnyc.com or to products you purchase through ducducnyc.com shall be submitted to confidential arbitration in new york, new york, except that, to the extent you have in any manner violated or threatened to violate the company’s intellectual property rights, the company may seek injunctive or other appropriate relief in any state or federal court in the state of new york, and you consent to exclusive jurisdiction and venue in such courts. arbitration under this agreement shall be conducted under the rules then prevailing of the american arbitration association. the arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. to the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.
termination of use
the company may, in its sole discretion, terminate your account or your use of ducducnyc.com at any time. you are personally liable for any orders that you place or charges that you incur prior to termination. the company reserves the right to change, suspend or discontinue all or any aspects of the site at any time without prior notice.
xii. site errors
prices and availability of products and services are subject to change without notice. errors will be corrected where discovered, and the company reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. if your credit card has already been charged for the purchase and your order is cancelled, the company will issue a credit to your credit card account in the amount of the charge. individual bank policies will dictate when this amount is credited to your account.
at ducducnyc.com, shipping and handling charges are based on your shipping preferences and the weight, size and dimensions of the items your choose.
xiv. other terms and conditions
if any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
you agree to defend, indemnify and hold harmless the company and its affiliates, employees, directors, officers, members and agents from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site. these terms and conditions of use represent the complete agreement between you and the company, and they supersede all prior agreements and representations.
all prices listed on ducducnyc.com are in u.s. dollars, and the company does not accept checks, money orders or credit cards issued by foreign (non-u.s.) banks. the company charges sales tax for merchandise ordered on this site based on the applicable state sales tax rate and the location to which the order is being shipped.
headings used in these terms and conditions of use are for reference purposes only and in no way define or limit the scope of the section.
the failure of the company to act with respect to a breach of these terms and conditions of use by you or others does not constitute a waiver and shall not limit the company’s rights with respect to such breach or any subsequent breaches.
you agree that no joint venture, partnership, employment, or agency relationship exists between you and the company as a result of these terms and conditions of use or the use of the ducducnyc.com site.