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Terms & Conditions

Duman Home Terms of Use

 

Welcome to Duman Home’s marketplace website!

Dumanhome.com, LLC, a Delaware limited liability company, and its affiliated brands, including DUMAN HOME ( "Duman Home", "we" or "us") provides this website (including applications and other online services that may be accessible through various desktop, tablet and mobile web browsers from time to time as well as our mobile app that is in development) (collectively, the "Sites") subject to your compliance with these Terms of Use.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of Use constitute an agreement between Duman Home and you. We recommend that you print out a copy of these Terms of Use for your records.

 

By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

 

Please note that these Terms of Use contain provisions that govern the resolution of claims between Duman Home and you. Please see the Legal Disputes section for complete details.

 

 

Eligibility and Right to Access.

 

You must be at least 18 years old to use the Sites. By agreeing to these Terms of Use, you represent and warrant to us that: (a) you are an individual who is at least 18 years old; (b) your use of the Sites will be in compliance with all applicable laws and regulations.  If you are under the age of 18 and not an emancipated minor or its equivalent under applicable law, then you represent and warrant that you have obtained the consent of your parent or legal guardian to use the Sites and, further, that you will provide a valid email address of your parent or guardian with whom we will confirm their consent for your use of the Sites.

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures to access the Sites, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code, password or access, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

 

 

Connectivity.

 

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

 

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

 

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.

 

 

Changes

 

Duman Home reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites without advance notice. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by updating the "Last Updated" date at the top of this webpage.

 

 

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.

 

 

User-Generated Content

 

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:

 

  1. is in breach or violations of any law, statute, regulation or bylaw of any applicable jurisdiction;
  2. is fraudulent, criminal or unlawful;
  3. is inaccurate or out-of-date;
  4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
  5. impersonates any other person or entity or misrepresents a relationship with any person or entity;
  6. is personal information of any third party without that party’s explicit consent;
  7. 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;
  8. may be contrary to our interests as we determine in our sole discretion;
  9. 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
  10. 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.

 

 

Order Acceptance

 

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

 

The Sites may contain links to third-party websites ("Other Sites") that are not under Duman Home's control.  Duman Home makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Duman Home provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Duman Home of Other Sites or any association with the operators of such Other Sites. You are solely responsible for and assume the risk of viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

 

 

Mobile Devices and Mobile Applications

 

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from Duman Home (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.  By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from Duman Home. By agreeing to receive SMS messages from Duman Home, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

 

 

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.

 

 

Indemnity

 

You agree to indemnify and hold Duman Home and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit (if permitted), post to or transmit through the Sites, (ii) your violation of these Terms of Use, or (iii) your violation of any rights of another user.

 

 

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.

 

 

Legal Disputes

 

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.

 

Any dispute between you and Duman Home, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Duman Home will provide such notice by e-mail to your e-mail address on file with Duman Home and you must provide such notice by e-mail to

support@dumanhome.com

 

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings by telephone or videoconference unless in-person appearances are requested by you or Duman Home and approved by the arbitrator. Any in-person appearances will be held at a location mutually agreed upon by you and Duman Home, or, in the absence of such agreement, at a location determined by the arbitrator. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Duman Home and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Duman Home nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of New York.  The jurisdiction and venue for all arbitrations shall be the State of New York, County of Kings.  In the event of litigation outside of arbitration, all such legal actions shall be brought in the State or Federal Courts in New York State, County of Kings, and you hereby consent to the personal jurisdiction of the courts of the State of New York.

 

 

Termination

 

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that Duman Home, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your user account if Duman Home believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Duman Home also may in its sole discretion and at any time discontinue providing the Sites or access to the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Duman Home may bar any further access to the Sites. Further, you agree that Duman Home will not be liable to you or any third-party for any termination of access to the Sites.

 

The provisions of the Intellectual Property Rights, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

 

 

Outages

 

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.

 

 

Jurisdictional Issues

 

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.

 

 

General Information

 

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Duman Home with respect to use of the Sites and supersede any prior agreements between you and Duman Home relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Duman Home's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Duman Home's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Duman Home's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Duman Home with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

 

 

Violations

 

Please report any violations of these Terms of Use to the system administrator  duman@dumanhome.com

 

 

Questions?

If you have questions, comments or complaints about these Terms or the Sites, please contact us  at support@dumanhome.com