terms and conditions of sales

The products marketed on the www.dmscollection.shop and www.dmshautepetites.com websites (hereinafter, the “Website”) are sold and invoiced by Dionne Marie Signature Collection, LLC.

www.dmscollection.shop and www,dmshautepetites.com are the property of DIONNE MARIE SIGNATURE COLLECTION, LLC and is operated with the technical and operational support of Dionne Marie Signature Collection, LLC., a California corporation having an address at 1212 Fifth Street, Suite 1-414, Santa Monica, CA 90401, United States of America (the "Provider").

The US Site is available only for purchases made and delivered within the United States. Your use of the US Site to purchase merchandise indicates your agreement to follow and to be bound by these General Terms and Conditions of Sale.

1. ORDERS & PRODUCTS

The Vendor offers for sale on the US Site the products only to end consumers/patrons, namely, to persons (18 years or older) who buy them for their own personal, non-commercial use, and not for business, entrepreneurial or professional purposes (“Customer”, Consumer, Patron, “you” or “your”). The Vendor reserves therefore the right not to process orders placed by persons other than the "consumer/patron" or, in any case, orders that are not consistent with its business policy. 

All orders are subject to email confirmation. Please note that the products displayed on the US Site may be out-of-stock or discontinued, and availability is not guaranteed. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. The information included on the US Website should not be relied upon or used as the sole basis for making decisions.

Before submitting an order through the Website, the Customer/Patron shall READ CAREFULLY all the instructions provided during the purchase procedure (also with regard to the delivery charges, the Return Policy and the Privacy Policy statement), along with these General Terms and Conditions. 

To purchase a product, you must follow the purchase flow proposed on the US Site. 
Sending of the order constitutes an offer to purchase the selected product/s, regulated under these General Terms and Conditions and binding for the Customer (with no prejudice to the Return Policy under Section 5). The sending of the order proposal by the Customer obligates the same to pay the price of the ordered product(s) if the order is accepted and confirmed by the Vendor.

2. PRICES AND PAYMENTS

All prices are in US Dollars. Prices may change without notice from time to time. The Vendor regularly verifies that prices of the products displayed on the US Site are correct; however, we cannot guarantee the absence of errors. In the event a product is listed at an incorrect price, the Vendor reserves the right, prior to delivery, to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, the Vendor shall offer the Customer the opportunity to purchase the product at the correct price. If the Customer's credit card or PayPal account has already been charged for the purchase and the order is cancelled prior to delivery, we will issue a credit to Customer’s credit card or PayPal account. 

The total amount due is inclusive of sales tax applied in accordance with applicable state and local regulations based on your shipping address. We will send you the invoice by email when your order is shipped. Tax charges are calculated according to the current Sales Tax Policy for each State. The applicable sales tax amount is indicated on the payment page of the cart. 

The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email. 

In the event that, for any reason, it is impossible to charge the amount due by the Customer/Patron prior to acceptance and confirmation of the order by the Vendor, the contract WILL NOT be executed and the order will be cancelled.

3. SHIPPING COSTS

You are responsible for the shipping costs associated with the delivery of the products you purchase on the US Site as specified on your order confirmation.

4. SHIPMENTS AND DELIVERY

The Vendor, its suppliers and its logistics service providers shall deliver the products purchased by Customer/Patron at the address and on the date indicated by the latter in the order, at the cost specifically indicated in the US Site. 

The Vendor shall send to the Customer/Patron a Shipping Confirmation via email once the products are dispatched. The delivery times indicated by the Vendor are purely indicative. Any delay on such times, or partial deliveries of the product, WILL NOT entitle Customer to reject the product and claim compensations or indemnities.

At the time of delivery of the products by the carrier, the Customer (or a nominated adult representative) is required to verify: 

(i) that the number of items being delivered corresponds to that indicated on the delivery note; and 
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. 

Any damages to the packaging and/or the product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the Carrier’s delivery receipt has been signed and no objection has been raised by the Customer, the Customer may not make any objection to the exterior characteristics of the delivered parcel. 

You can choose to receive the products you have purchased at your chosen address or at a DIONNE MARIE SIGNATURE COLLECTION boutique (if available), selected from those listed on the order form. 

If you have chosen delivery to a point of sale, we will inform you of the products’ arrival at the boutique by email and text. In this case, you must collect the purchased products from the chosen point of sale no later than 7 days after the aforementioned email is sent. Should you fail to collect the products within the aforementioned period of 7 days, the purchase shall be understood, to all intents and purposes, to be automatically terminated. Consequently, it will no longer be possible to collect the products, which will be returned to the Vendor by the personnel of the chosen boutique. As a result of the termination of the contract of purchase of the products, you will be reimbursed the sums paid, within the time frame set forth in paragraph 5 below. 

When you go to one of the DIONNE MARIE SIGNATURE COLLECTION boutiques to collect the order, you must show the Patron Assistant a copy of the delivery confirmation email, as well as a personal identification document. If you ask another person to collect the order, he/she will need to present the delivery confirmation email, a photocopy of your identification document, a document in which you authorize him/her to collect the order, and his/her own identification document. 

We would like to remind you that you cannot pay for the items at the point of sale, which means that you cannot select the cash-on-delivery option if you choose delivery to a boutique. 

If you have selected delivery to a boutique, the delivery timings and costs are the same as those for delivery to your chosen address.

5. RETURNS AND REFUNDS

Please refer to our Return and Refund Policy, which forms an integral part of these General Terms and Conditions of Sale.

6. BINDING AGREEMENT

Our order confirmation, these General Terms and Conditions of Sale and our other site policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions of Sale.

7. GOVERNING LAW AND CHOICE OF FORUM

The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought through arbitration solely in Los Angeles, California.

8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE US WEBSITE, AND ALL CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE US WEBSITE ARE PROVIDED ON AN 'AS IS' BASIS. DIONNE MARIE SIGNATURE COLLECTION, LLC, THE VENDOR AND THE PROVIDER DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIONNE MARIE SIGNATURE COLLECTION, LLC, THE VENDOR AND THE PROVIDER DO NOT WARRANT THAT YOUR USE OF THE US WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE US WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH DIONNE MARIE SIGNATURE COLLECTION, LLC, THE VENDOR AND THE PROVIDER ENDEAVOR TO PROVIDE ACCURATE INFORMATION, THEYIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER DIONNE MARIE SIGNATURE COLLECTION S.p.A. AND THE VENDOR NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS SUPPLIERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE. DIONNE MARIE SIGNATURE COLLECTION, LLC, AND THE VENDOR AND THE PROVIDER ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE US WEBSITE OR ANY MATERIALS ON THE US WEBSITE, OR WITH ANY OF THESE CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SAME.

9. SEVERABILITY

If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.

10. PRIVACY

The terms and conditions of the our Privacy Policy govern the processing of all personal data collected from you in connection with your purchase of products through the US Site.

11. FORCE MAJEURE

The Vendor and the Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

12. ERRORS AND INACCURACIES

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.