Terms & Conditions
The purpose of the Website is to provide the public with general information about www.ddailymag.com and its products and services, as well as offering goods and services for sale. The Website, all goods and services, and all Content (meaning all material or goods offered on the Website or through services offered on the Website, including, without limitation, all images, designs, products designs, text, audio, webinars, downloads, applications, articles, photographs, and their selection and arrangement) are provided only for personal, educational, and non-commercial use. Commercial use or publication of images and Content on this Website is specifically prohibited.
2. Copyright Ownership and Restrictions.
All Content is owned and controlled by Dora D’Agostino, and/or third parties and is protected by U.S. copyright law, international copyright conventions, and other copyright laws. All Content on the Website is copyright doradagostino.com and all rights are reserved. You agree to abide by all such laws and all restrictions displayed on the Website in conjunction with particular Content.
3. Product Availability and Pricing
If you are interested in a product that is currently on back order, please call or email us and we can tell you when the item will be back in stock. Occasionally, an item becomes out of stock before we are able to post a notification on the Site. If this happens, we will contact you directly to discuss possible options. Your options may include:
- Choosing the item in a different color that is available in stock
- Specially ordering the item (please note that production time for different items may vary)
- Cancelling the order.
Data, including prices, may be in error or inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. We do not negotiate prices.
4. Shipping Policies.
Where We Ship
We currently ship to U.S. addresses including Hawaii and U.S. Territories.
All items are shipped from Miami, Florida. We do ship internationally upon special request. If international shipping is required, please contact us by email so that we can provide you with an estimated shipping cost, expected delivery date and insurance charges. For other special shipping needs, email us to make other delivery arrangements.
Standard shipping (7-14 days) Please note that order processing may take up to Three (3) business days after the order is placed for standard shipping.
5. Return Policy.
All products are sold AS-IS and all sales are FINAL. However, if you are not satisfied you can return any non-custom, stock item in its original condition and packaging within 7 calendar days of the date of sale for a merchandise certificate or an exchange. Engraved items as well as custom, special order or bespoke items are not returnable. Once an order is placed, no refunds are permitted.
Insure Your Package. For all returns, you can ship it via any carrier. Any item shipped for return must be insured, if apply, for the full amount listed on the invoice. You must request a return receipt for confirmation that your shipment has reached its destination and request for a signature to be required upon delivery.
You must follow these instructions exactly. Failure to do so will prevent the processing of your return. DDailyMag or Dora D’Agostino will not be responsible for loss or damage of return shipments. Late returns will not be accepted. Returns without a Return Authorization Form will not be accepted. Uninsured returns will not be accepted. If you have any questions about our return policy, please contact us before you place your order.
Once we receive your returned item and it is accepted, your exchange or merchandise certificate will be processed in several days. Upon receiving your return, the item will be inspected. Please note that items showing signs of wear or those that have been altered or damaged in any way cannot be accepted for return.
Any item returned after 7 days of receipt is not eligible for refund.
6. Order Modification and Cancellation Policy:
Orders may be modified or cancelled by email before any item has shipped. If you modify or cancel an order by email and do not receive a confirmation email within 24 hours, please contact us by phone to ensure that your order has been modified or cancelled. After an order has been shipped, it may no longer be cancelled or modified. However, you may return pursuant to our Return Policy.
7. Sales, Use and Other Taxes.
D’Agostino Corp collects and remits sales tax for sales made in Florida. For all other jurisdictions, you are responsible to report and remit any applicable sales, use, and/or VAT taxes as well as any applicable duties or customs fees. All prices shown on the Site are exclusive of all taxes.
8. Debit Cards.
The use of debit cards for purchases may result in an authorization hold more than the purchase price. If this occurs, Dora D’Agostino is not responsible for any returned checks or over-drafts and related bank fees or charges on your account.
9. Information on our Site.
At www.ddailymag.com, we make every attempt to ensure that our online catalog is as accurate and complete as possible. To give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size, and since every computer monitor is set differently, color and size may also vary.
On the Site, we provide the details and measurements of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing process. If you have questions about the tolerances as compared to those stated in the product’s description, please contact us before you order.
11. Reporting Copyright Violations
Pursuant to the Digital Millennium Copyright Act (“DMCA”) of 1998, 17 U.S.C. 512(c)(2), D’Agostino Corp has a DMCA Registered Agent for notice of alleged DMCA copyright infringement. You may contact Albert Bordas, P.A. DMCA Registered Agent at email address [email protected]
To file a notice of infringement the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the United States Copyright Office website, located at http://www.copyright.gov.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the site.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
12. Electronic Communications
When you use www.ddailymag.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. Inappropriate Use and Access
A. You may not use the Website or Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law.
B. You may not use the Website or Services to send spam or any unsolicited email advertisements to any user of the Website, or to the Website itself, through Voice computer systems.
C. You may not take any action that imposes or may impose an unreasonable or disproportionately large load on www.doradagostino.com network infrastructure, as determined by D’Agostino Corp in its sole discretion.
D. You may not interfere or attempt to interfere with the proper working of the Website or any Services.
E. You may not bypass any measures D’Agostino Corp may use to prevent or restrict access to the Website, Content, or Services.
F. You may not link from any other website to this Website in any manner such that this Website, or any Content, is “framed” or surrounded by any other content, materials, or branding.
Your use of the Website, Content, and Services is at your own risk.
THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, DORA D’AGOSTINO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE, CONTENT, OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR D’AGOSTINO CORP, NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL D’AGOSTINO CORP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT, OR SERVICES, EVEN IF DORA D’AGOSTINO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL D’AGOSTINO CORP TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT, AND SERVICES.
The Website may contain links to other websites (“Linked Sites”) operated by parties other than www.ddailymag.com. www.ddailymag.com has not reviewed the Linked Sites and does not monitor or control them. These links are provided for your reference only and doradagostino.com is not responsible for the content of any off-site pages or other Linked Sites. www.ddailymag.com inclusion of links to Linked Sites does not imply any endorsement of the material on the Linked Sites or any association with their operators
We may block, suspend, or terminate your use of the Website, Content, or Services at any time for any reason. Reasons we might do so include, but are not limited to, the following: a. your breach of this Agreement; b. D’Agostino Corp is unable to verify or authenticate any information you provide to us; or c. D’Agostino Corp believes that your actions could cause financial loss or legal liability to Dora D’Agostino, DDailyMag or other users of the Website; and d. routine network maintenance affecting all users.
17. Changes to this Agreement
We retain the right to revise this Agreement, in whole or in part, at any time. Your use of the Website or any Content or Services after any revision of this Agreement will constitute your acceptance of the revised Agreement
18. Jurisdictional Issues
The Website is controlled and operated by D’Agostino Corp from its principal office in Miami, Florida, U.S.A., and is not intended to subject D’Agostino Corp to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. D’Agostino Corp does not represent or warrant that the Website or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Website or Materials do so on their own initiative and at their own risk and are responsible for complying with local laws. We may limit the availability of the Website to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export all or any part of the Materials to (or to a national or resident of), or to use all or any part of the Materials from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
19. Governing Law and Forum
This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, United States of America, without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Website, or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Any dispute arising out of the use, viewing or access to this Website shall be submitted to arbitration, pursuant to the rules of the American Arbitration Association. Venue for any arbitration proceeding shall be Miami Dade County, Florida, unless otherwise agreed by the parties or ordered by the Arbitrator. The Arbitrator shall award attorney’s fees and costs to the prevailing party in any arbitration proceeding.
This is the entire Agreement between you and D’Agostino Corp and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. D’Agostino Corp failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right