Terms & Conditions
Welcome to Duman Home’s marketplace website!
Eligibility and Right to Access.
Use of the Sites and any applicable mobile app does not include the provision of any hardware, secondary software, mobile device or other necessary equipment to access it. To use the Sites, you will require use of an appropriate mobile device or computer, and Internet connectivity and appropriate telecommunication links and accounts. You are solely responsible of acquiring all necessary devices and hardware, and for maintaining internet connectivity and all accounts and means associated with that connectivity. We shall not have any responsibility or liability for any telephone, mobile device, computer, secondary software, internet accounts or other costs you may incur or need to incur in order to use the Sites or any applicable mobile app.
Privacy & Security
Information security is important to Duman Home. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Duman Home does, however, reserve the right at all times to disclose any information as Duman Home deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Please click here for more information.
Intellectual Property Rights
As used on the Sites, the trademark, service mark and trade name “DUMAN HOME” is valuable intellectual property owned and used by Duman Home (the “DUMAN HOME Mark”). Any use of the DUMAN HOME Mark without the prior written permission of Duman Home is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the DUMAN HOME Mark, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Duman Home, including but not limited all copyright interests in the Site Content.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
Much of the products and content advertised on the Sites Duman Home sources from independent product and content suppliers, distributors and other such third parties. All other trademarks, service marks, product names, package designs and company names or logos associated with these products and content that appear on the Sites are not owned by us but are the property of other such third parties respectively.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Duman Home reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
At this time Duman Home does not accept any user generated content.
Social Media Tag Usage
BY USING #DUMAN HOME, @DUMAN HOME AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER HEREBY GRANTS DUMAN HOME WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Proper Use of the Sites.
You shall not in any way use the Sites or submit to us, or upload to or display on the Sites, or in connection with any use of the Sites anything that in any respect:
- is in breach or violations of any law, statute, regulation or bylaw of any applicable jurisdiction;
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or entity or misrepresents a relationship with any person or entity;
- is personal information of any third party without that party’s explicit consent;
- may infringe or breach the copyright or any intellectual property rights (including without limitation any copyright, trademark, patent, trade secrets and broadcasting rights), confidentiality, or privacy or other rights of us or any third party;
- may be contrary to our interests as we determine in our sole discretion;
- is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
- involves your use, upload, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or any other computer programming routines, whether now know or later developed (hereafter referred to as “Malware”), that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate the Sites or any portion of the Sites, any system, data or personal information.
Disclaimer of Availability of the App, Security & Accuracy, Compatibility.
We make to representations, warranties or promises as to the suitability of the Sites for your uses and you agree to accept the Sites and the use of the Sites “AS IS.” If the Sites is not suitable for your purposes or is not compatible with your mobile or computer devices or the operating system(s) that you use with your devices, you agree that your sole and exclusive remedy against us is to discontinue use of the Sites and to remove or delete it from your mobile or computer devices.
We make no warranty, express or implied to the full extent permitted by applicable law, that your access to the Sites will be uninterrupted, timely or error-free, which due to the nature of the Internet cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions that can result in down-time for and lack of access to the Sites.
Access to the Sites may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Sites for any reason. If we impose restrictions on you personally, you must not attempt to use the Sites under any other name or user or on any other mobile or computer device.
We do not warrant that the Sites will be compatible with all hardware and software that you may use. You are solely responsible for acquiring and using the appropriate devices and internet connectivity to access and use the Sites. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Sites or your obtaining any material from, or as a result of using, the Sites. If the Sites are not compatible with your mobile or computer devices or the operating system(s) that you use with your devices, you agree that your sole and exclusive remedy against us is to discontinue use of the Sites and to remove or delete it from your mobile or computer devices.
You agree that we shall not be liable for the actions of third parties that may cause or result in harm to you through your use of the Sites. We make no representation or warranty, express or implied, that information and materials on the Sites, whether provided by use or by any third party, are correct. No warranty or representation, express or implied, is given that information and materials on the Sites are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. We may change or update the Sites and anything described in it without notice to you. If the need arises, we may suspend access to the Sites, or close it indefinitely.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Duman Home reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Duman Home reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Duman Home reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Duman Home's sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
About Our Prices
We reserve the right to adjust prices of products displayed on our Sites without notice. Final prices of any product may be increased or decreased at our discretion. A displayed price is not necessarily the final price, which will be reflected in the sale invoice. The "Sale" tag on a product listing on our Site signifies that we are selling the product at a discount from a price in the previous 90 days. When we use the term “Closeout,” we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price in order to clear an overstock of either Duman Home or supplier inventory. Prices of products listed on our Site as “Closeout” may fluctuate during the “Closeout” promotion period for such products. For temporary “Closeout” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “Closeout” promotion period.
Links to Other Websites
Mobile Devices and Mobile Applications
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Duman Home provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Communications with Duman Home
For all communications made to or with Duman Home, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Duman Home will have no obligation to protect your communications from disclosure; (ii) Duman Home will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Duman Home will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Disclaimer of Warranties
Duman Home intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources including, but not limited to, third party vendors and suppliers, such information and data are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the full extent permitted by applicable law, DUMAN HOME EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT WILL DUMAN HOME OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING THIRD-PARTY CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF DUMAN HOME HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Duman Home is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
YOU AND DUMAN HOME AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Duman Home may periodically schedule system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Duman Home has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
The Sites are operated by Duman Home from its offices in Brooklyn, New York, USA. The Sites are intended for users who reside in the United States of America. Duman Home makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws and you agree to hold Duman Home harmless for any violation of locals occasioned by your use or access of the Sites outside the United States. Duman Home reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using or access the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If you have questions, comments or complaints about these Terms or the Sites, please contact us at firstname.lastname@example.org