Danu Álainn

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Danu Álainn

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Terms and Conditions

 

 

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 

Return and Refund Policy

 

At Danu Álainn, we are committed to your satisfaction and stand behind the quality of our premium makeup brushes. As an online retailer based in Texas, our Return and Refund Policy complies with applicable U.S. federal laws (including FTC rules on shipping, deceptive practices, and the Mail, Internet, or Telephone Order Merchandise Rule) and Texas state laws (including the Deceptive Trade Practices Act, which prohibits unfair or misleading business practices). Texas does not mandate a universal right to returns or refunds for non-defective items, nor does federal law require returns beyond specific scenarios like defects or shipping delays. Therefore, returns are governed by our stated policy below, which we honor consistently to ensure transparency and fairness.

This policy applies to purchases made through danualainn.com. It is subject to change, but we will apply the terms in effect at the time of your purchase.

Return Eligibility

  • You may return eligible items within 30 days of the delivery date for a refund or exchange (subject to availability).
  • Brushes must be returned in new or gently used condition—clean, with minimal use (e.g., for testing application), free of excessive wear or contamination, in original packaging (including protective sleeves, boxes, and any tags/labels). This aligns with common hygiene standards in the beauty industry and allows for reasonable trial, similar to practices at major premium beauty retailers.
  • Non-returnable items: Opened or used products showing signs of unsanitary use/contamination; final-sale, limited-edition, personalized, or custom brushes (clearly marked as such); or items purchased during promotions explicitly excluding returns.
  • We accept returns for most reasons, including dissatisfaction with performance, feel, or suitability—no strict "reason" required beyond your preference (though details help us improve).

Acceptable Reasons for Return (Including Mandatory Cases)

  • Defective, damaged, or non-conforming upon arrival (e.g., manufacturing flaws, broken bristles, or mismatch with description)—required under federal law and the Magnuson-Moss Warranty Act for covered consumer products.
  • Wrong item shipped.
  • Change of mind or not satisfied (voluntary under our policy; not federally or state-mandated for non-defective goods).
  • Report any damage, defects, or missing items within 7 days of delivery for prompt resolution (replacement or refund at no extra cost).

How to Initiate a Return

  1. Contact our customer service within the 30-day window via email at  TheDagda@danualainn.io  or through the contact form on danualainn.io/contact.
  2. Provide your order number, full name, and a brief description (include photos of any issues for faster processing).
  3. We will issue a return authorization and, for U.S. domestic orders, a prepaid shipping label (you cover shipping for non-defect/change-of-mind returns; we cover it if due to our error, e.g., wrong/damaged item).
  4. Ship the item(s) back using the label or a traceable method. Retain proof of shipment.
  5. Upon receipt and inspection (typically 5-7 business days), we process your refund or exchange.

Refund Process

  • Refunds are issued to your original payment method (e.g., credit card, PayPal).
  • Processing time: Refunds post to your account within 5-10 business days after approval (your bank/card issuer may take additional time).
  • We refund the full purchase price of eligible item(s), including applicable taxes. Original shipping/handling fees are non-refundable unless the return is due to our error (per FTC guidelines on shipping promises).
  • Partial returns may adjust promotional discounts or free shipping thresholds proportionally.
  • Exchanges (if available) are processed faster; store credit options may include customer perks.
  • For shipping delays beyond promised times (or 30 days if unpromised), federal FTC rules require us to offer consent to delay or a full refund—we comply fully.

Additional Notes

  • Hygiene & Safety: Beauty tools like brushes involve direct skin contact; we prioritize health standards and may deny returns if items appear unsanitary.
  • Warranties: Our brushes may carry implied warranties under federal law (e.g., merchantability). Any written warranties will be clearly stated per the Magnuson-Moss Warranty Act.
  • Disputes: If issues arise, we aim for fair resolution. Unresolved matters can be addressed via the Texas Attorney General's consumer protection office or FTC reporting.
  • This policy promotes transparency to avoid deceptive practices prohibited under Texas's Deceptive Trade Practices Act and federal FTC rules.

Our goal is a seamless, confident experience so you can focus on your beauty artistry. Thank you for choosing Danu Álainn—where ancient grace meets modern luxury. 🌿✨

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