TERMS OF SERVICE

Du & Berry is dedicated to customer satisfaction. As an e-commerce business, we are subject to (and/or protected by) commercial laws, intellectual property laws, privacy laws, and regulations regarding the fashion industry.

This Terms and Conditions web page details information intended to comply with governing laws and regulations. It forms our contract of sale for each purchase and our agreement with you concerning our website, privacy, and related matters. We look forward to enjoying a mutually satisfactory relationship with you.

Our Legal Name and Address

Our legal name is Du & Berry, LLC. We are a Delaware limited liability company, authorized to do business in New York, where we are headquartered. Our address is 250 W. 39th Street, Suite No. 706, New York, NY 10018. Throughout the site, the terms “we”, “us” “Du & Berry” and “our” refer to DU & BERRY, LLC.

Our Website

We operate this website, including all information, tools, and services available from this site to you, the user (collectively, the “Services”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated, referenced, and/or made available by hyperlink in this website (collectively, our “Terms and Conditions”).

By visiting our site and/or purchasing something from us, you agree to be bound by our Terms and Conditions. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence.

You may not use our website or any of our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms and Conditions may result in an immediate termination of your access to the Services. Even in the absence of such a breach or violation, we reserve the right to refuse Services to anyone for any reason at any time, including the right to refuse, limit, or cancel any order anyone places with us.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

We offer products and related services through our website. These products and related services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please click here.

We have made every effort to display as accurately as possible the colors and images of our products that appear on this website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Method of Payment

Payment for our products must be made pursuant to [Shopify Payments or Shop Pay], who may use [Paypal Express] as [its or their] payment processor. Shopify and Paypal are each a third-party vendor independent of Du & Berry. There are no additional fees charged to you for our use of these vendors. You may make a payment for our goods using your credit card. You agree to provide current, complete, and accurate purchase and account information for all purchasers you make with us.

Terms of Delivery

For items held in inventory, we will generally package items held in inventory for shipment within 3 business days of their order and use a courier or the U.S. Post Office for two-business-days shipment. For orders over $150, we do not charge for shipment. For orders under $150, we will charge the amount shown at the time of purchase on our website for shipment of such item. From time to time, our website may offer items that are not held in inventory (e.g., the item has been sold out or is being showcased as a pre-order sale), in which case we will provide notice on our website that the item is not in inventory and provide notice on our website of the reasonably estimated shipment date.

Your Rights to Return, Repair, Replacement, Refund, or Credit

As a valued customer of Du & Berry, you have certain rights to return items purchased from us for their repair or replacement or for a refund or credit. These rights (and their limitations) are detailed in our Return Policy page on this Website and are incorporated by reference herein. You may review our Return Policy page by clicking here.

Governing Law, Warranties & Disclaimers

All sales are governed exclusively by the laws of New York, without regard to conflicts of law principles. Unlike so many of our competitors, Du & Berry does not disclaim the implied warranty of merchantability. HOWEVER, THE BUYER’S REMEDIES ARE LIMITED TO THOSE SET FORTH IN OUR REFUND POLICY PAGE AT THE TIME OF PURCHASE. TO THE FULLEST EXTENT ALLOWED BY LAW, CONSEQUENTIAL DAMAGES ARE EXCLUDED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ABOVE.

Privacy & Collection of Personal Information

Your submission of personal information through our website and our use of cookies are governed by our Privacy Policy. To view our Privacy Policy, please click here.

Our Intellectual Property Rights

All trademarks, trade names, content, design, text, images, and other materials displayed on this website are the property of Du & Berry, LLC. Unauthorized use, reproduction, or distribution is prohibited. Users of our website who submit or upload content to our website, including without limitation any reviews or comments, grant Du & Berry, LLC a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute, and display such content.

Complaints and Dispute Resolution

We encourage you to contact us at customersupport@du-berry.com if you have any complaints about your products or dealings with us. If you wish to sue us, you agree that the venue shall be New York City and the forum may be either the NY State Supreme Court or, if it has jurisdiction over the matter and parties, the U.S. District Court for the Southern District of New York. All costs of litigation are to be borne by the party incurring them. We will not reimburse any litigation or legal costs to you.