At Danu Álainn, we provide premium makeup brushes and related services through our website (danualainn.com). These Terms and Conditions ("Terms") form a legally binding agreement between you (the user/customer) and Danu Álainn (referred to as "we," "us," or "our"). By accessing our website, placing an order, or using our services, you agree to these Terms. If you do not agree, do not use our site or services.
These Terms comply with applicable U.S. federal laws (including FTC regulations on deceptive practices, prompt delivery rules, and consumer protections) and Texas state laws (including the Texas Deceptive Trade Practices Act, which prohibits false, misleading, or deceptive acts in trade or commerce). Texas law governs these Terms, and any disputes will be resolved in the courts of Hays County, Texas. We operate as an e-commerce business in Texas, with no mandatory state-specific return rights for non-defective goods beyond what we voluntarily offer.
1. Use of the Website and Services
- You may use our site for lawful purposes only. We grant you a limited, non-exclusive, revocable license to access and view content for personal, non-commercial use.
- Prohibited activities include (but are not limited to): unlawful conduct, hate speech, bullying, harassment, spam, unauthorized promotions, uploading viruses/malware, infringing intellectual property, or any action that disrupts the site.
- We may withdraw, suspend, or cancel access to the site or services at any time without notice, including for violations of these Terms.
- We may disable or terminate user accounts (if applicable) for any reason, including suspected fraud or breach.
2. Orders, Payments, and Transactions
- Placing an order constitutes an offer to purchase; we accept by confirming shipment. We reserve the right to refuse or cancel orders (e.g., due to pricing errors, stock issues, or suspected fraud).
- Prices are in USD and exclude taxes/shipping unless stated. You are responsible for applicable sales taxes (we collect Texas sales tax where required per Texas law).
- Payment is due at checkout via accepted methods. We may cancel transactions for non-payment or verification issues.
- We strive for accurate descriptions, images, and pricing, but errors may occur. We are not liable for minor discrepancies, and we may correct them without obligation to fulfill erroneous orders.
3. Shipping, Delivery, and Availability
- We ship within the promised timeframe (per our Shipping Policy). Under FTC Prompt Delivery rules, if no specific time is stated, delivery occurs within 30 days or we obtain your consent for delay or provide a refund.
- Title and risk of loss pass to you upon delivery to the carrier. We are not liable for carrier delays, loss, or damage after shipment (though we assist with claims).
- Services/products are subject to availability; we may discontinue items without notice.
4. Intellectual Property and Copyright
- All content on our site (text, images, logos, designs, product photos, and the "Danu Álainn" brand name inspired by Irish mythology) is our property or licensed to us and protected by U.S. copyright, trademark, and other laws.
- You may not copy, reproduce, adapt, distribute, modify, create derivative works from, or commercially exploit our content without written permission.
- Limited personal use (e.g., viewing/sharing product images for non-commercial purposes) is allowed with proper attribution where feasible. Unauthorized use may result in legal action.
- User-generated content (e.g., reviews) grants us a non-exclusive, royalty-free license to use/display it.
5. Limitation of Liability and Disclaimers
- Our site and products are provided "as is" without warranties, express or implied (including merchantability or fitness for a particular purpose), except as required by law.
- We are not liable for indirect, incidental, consequential, punitive, or special damages (e.g., lost profits, data loss) arising from use of our site/products, to the fullest extent permitted by law.
- We disclaim liability for errors/inaccuracies in content, website downtime, viruses, or third-party links. We are not responsible for user conduct or external events.
- Total liability (if any) is limited to the purchase price of the relevant product.
- Nothing in these Terms limits rights under the Texas Deceptive Trade Practices Act or federal consumer protections for knowing/intentional deceptive acts.
6. Indemnification
You agree to indemnify and hold us harmless from claims, losses, or damages arising from your breach of these Terms, unlawful use of the site, or violation of third-party rights.
7. Governing Law and Dispute Resolution
- These Terms are governed by Texas law (without regard to conflict-of-laws principles).
- Disputes shall be resolved exclusively in the state or federal courts of Hays County, Texas. You waive any objection to venue/jurisdiction.
- No class actions; disputes are individual only.
8. Changes to Terms
We may update these Terms at any time. Continued use after changes constitutes acceptance. Check this page periodically.
9. Miscellaneous
- Severability: If any provision is invalid, the remainder remains enforceable.
- No waiver: Failure to enforce a right does not waive it.
- Entire agreement: These Terms (plus our Privacy Policy, Return and Refund Policy, and any order confirmations) constitute the full agreement.
- Contact: For questions, email TheDagda@danualainn.io