Terms and Conditions of Use
The following rules ("Terms and Conditions") govern the use of the Web site located at URL www.disneyana.com and the services offered on the site, Wish List, Track/Modify an Order, Affiliate Programs, and the ability to order products and receive newsletters and promotional emails, and links (collectively, our "Site"). Please read the following Terms and Conditions carefully.
By using our Site, you understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Disneyana.com. ("Disneyana.com" "we" or "us"). We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.
Copyrights and Trademarks of Disneyana.com
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Disneyana.com Copyright © 2010, ALL RIGHTS RESERVED. The content and software on our Site is the property of Disneyana.com and/or its suppliers and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us using the Contact Us form. All rights not expressly granted herein are reserved.
You agree that you will not misuse or abuse account access and passwords. You agree that you will use only your password and that you will take all reasonable precautions to protect its secrecy.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Ohio. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Specials and Promotions
Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
Compliance With Laws
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of Disneyana.com. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
Shipping and Delivery
Disneyana.com, in conjunction with UPS, USPS and Federal Express, will attempt to deliver orders based on the shipping method selected at the time of checkout. Disneyana.com is not responsible for:
- Orders delivered to incorrect addresses supplied by the purchaser.
- Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the customer.
Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States.
- A 20% restocking fee applies to all cancelled or returned orders.
- No refund on shipping, handling and insurance.
- All damages must be reported within 7 days of delivery.
- No returns on original art (includes Armani and Lladro figurines).
- No returns or damages will be accepted after 30 days.
This policy is subject to change without notice.
Disclaimer and Limitation of Liability as to Products Sold
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT IN NO EVENT SHALL DISNEYANA.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
Disclaimer and Limitation of Liability as to Our Site
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION IN OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE, ITS OPERATIONS, CONTENTS, INFORMATION OR MATERIALS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT DISNEYANA.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE.
You agree that any legal action brought against us shall be governed by the laws of the State of Ohio, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Franklin County, Ohio. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using our Site, you agree to indemnify and hold Disneyana.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or uploading any content to our Site.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us or write us at:
P.O. Box 28807
Columbus, OH 43228