DISTINCTIVE STORES, is a registered trademarks, or service marks of Distinctive Stores. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Distinctive Stores. All other trademarks or service marks are property of their respective owners. The use of any Distinctive Stores trademark or service mark without Distinctive Stores’ express written consent is strictly prohibited.
2. Use of Site. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the ordering process. You may update any of your information, designate a different credit card to be billed, during the ordering process. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
While Distinctive Stores takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL DISTINCTIVE STORES OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DISTINCTIVE STORES WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for Distinctive Stores to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at email@example.com or follow the opt-out procedures set forth in such marketing emails.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions (“United States”). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
7. 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. Distinctive Stores reserves the right at any time after receipt of your order to accept or decline your order for any reason. Distinctive Stores further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Distinctive Stores upon shipment of products or performance of services that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Distinctive Stores is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
8. No Responsibility To Sell Mispriced Products Or Services. Distinctive Stores shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Distinctive Stores 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, Distinctive Stores shall immediately issue a credit to your credit card account in the amount of the charge.
9. Modifications to Prices or Billing Terms. DISTINCTIVE STORES RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
10. Price Comparisons, “List Price” and “You Save”. Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. “LIST PRICE” is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. “YOU SAVE” reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
11. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
13. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” ALL OF DISTINCTIVE STORES’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, DISTINCTIVE STORES EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE DISTINCTIVE STORES SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
15. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Distinctive Stores Inc. will terminate the acesss of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the Distinctive Stores and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Distinctive Stores will terminate the infringing customer’s access. Distinctive Stores may also in its sole discretion decide to terminate a customer’s access privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. 512(c), Distinctive Stores has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Distinctive Stores respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Distinctive Stores.com website, please contact “Legal Department”, via facsimile at (866) 837-8684, or mail at:
Attn: Legal Department
6030 Daybreak Circle A150 #314
Clarksville, MD 21029
Any written notice describing the infringing activity must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site;
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
6. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
16. Additional Terms. The following policies are incorporated into this Agreement by:
Distinctive Stores� Returns Policy
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
Last modified: May 31, 2011