Last Updated: Jan 1, 2025
These Terms of Service and Purchase (“Terms”) govern your access to and use of the House of Duaa website located at https://houseofduaa.com (the “Site”), as well as any purchase of products and/or services offered through the Site (collectively, the “Services”).
For purposes of these Terms, “we,” “us,” or “our” refers to House of Duaa (the “Company”). The “Company” includes its affiliates and their respective officers, directors, employees, contractors, and agents.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services, or otherwise. If you use the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, USING, OR PURCHASING FROM THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED BY REFERENCE, INCLUDING OUR PRIVACY POLICY, COOKIE POLICY (IF ANY), SUBSCRIPTION POLICY (IF ANY), RETURN POLICY, AND SHIPPING POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR PURCHASE PRODUCTS.
THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE CERTAIN DISPUTES AND A CLASS ACTION WAIVER. SEE SECTION 16.
SECTION 1 — ONLINE STORE TERMS
By using the Services, you represent that you are at least the age of majority in your jurisdiction, or that you are the age of majority and you have given us consent to allow any minor dependents to use the Services.
You may only use the Services in compliance with these Terms and all applicable laws. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including intellectual property laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of these Terms may result in immediate termination of your access to the Services. Any use of the Services not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for cause (for example, suspected fraud, policy violations, or illegal activity), to the extent permitted by law.
You understand that your content (excluding credit card information) may be transferred unencrypted over various networks and modified to conform to technical requirements. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, access to the Services, or any contact on the Site through which the Services are provided, without our express written permission.
Headings are included for convenience only and do not affect interpretation.
SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on the Site is not accurate, complete, or current. Materials are provided for general information and should not be relied upon as the sole basis for making decisions. Any reliance is at your own risk.
The Site may contain historical information, which is not current and is provided for reference only. We may modify Site content at any time, but we have no obligation to update any information. It is your responsibility to monitor changes.
SECTION 4 — MODIFICATIONS TO SERVICES AND PRICES
Prices for products are subject to change without notice.
We reserve the right to modify or discontinue the Services (or any part of them) without notice.
To the extent permitted by law, we are not liable to you or any third party for modifications, price changes, suspensions, or discontinuances.
SECTION 5 — SUBSCRIPTIONS (IF APPLICABLE)
If we offer subscription products or subscription delivery programs, the following applies:
By purchasing a subscription, you agree to an initial and recurring subscription fee at the then-current rate and accept responsibility for recurring charges until you cancel. Automatic Renewal: Your subscription will renew automatically unless canceled through your account or by contacting us as described in our Subscription Policy (if applicable).
Changes and Cancellations: You may cancel according to our Subscription Policy. Subscription changes may require advance notice before the next billing/shipment cycle.
Skip/Reschedule (If Offered): If we allow skips or rescheduling, the rules and limits will be described in our Subscription Policy and will apply to your subscription.
SECTION 6 — PRODUCTS; AVAILABILITY; DESCRIPTIONS
Certain products may be available exclusively online and may have limited quantities. Returns or exchanges are governed by our Return Policy.
We make efforts to display product images and colors accurately, but we cannot guarantee your device display is accurate.
We reserve the right to limit sales by person, region, or jurisdiction, and to limit quantities offered. Product descriptions and pricing may change without notice. We do not warrant that specifications, pricing, or content are complete, accurate, current, or error-free. If a pricing or description error occurs, we may refuse or cancel an order in our sole discretion.
We may discontinue products at any time. Any offer is void where prohibited.
No Price Protection: Unless required by law, we do not provide price protection or refunds due to later price reductions or promotional offers.
To the extent permitted by law, we do not warrant that product quality will meet expectations or that Service errors will be corrected.
SECTION 7 — BILLING; ACCOUNT INFORMATION; ORDER REVIEW
We reserve the right to cancel or decline orders in our sole discretion or for specific reasons (for example, suspected fraud, pricing errors, inventory issues, or suspected resale activity), subject to applicable law.
We may limit or cancel quantities per person, household, or order, including orders under the same account, payment method, and/or billing/shipping address. If we change or cancel an order, we may attempt to notify you using the email and/or phone provided at checkout.
You agree to provide current, complete, and accurate purchase and account information and to promptly update information (including email, billing details, and payment methods) so we can complete transactions and contact you.
You agree you will not use any payment method unless you are legally authorized to do so.
If you place an order on behalf of a business, you represent that you have authority to bind that business to these Terms.
SECTION 8 — OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Use of such tools is at your own risk and discretion. We are not liable for issues arising from your use of third-party tools to the extent permitted by law.
SECTION 9 — THIRD-PARTY LINKS
The Site may include links to third-party websites not affiliated with us. We are not responsible for evaluating or guaranteeing third-party content, accuracy, products, or services. Transactions with third parties are between you and the third party.
SECTION 10 — USER COMMENTS, FEEDBACK, AND SUBMISSIONS
If you send comments, suggestions, ideas, or other materials (“Comments”), you agree we may use them without restriction, including editing, copying, publishing, and distributing in any medium.
We are not obligated to keep Comments confidential, pay compensation, or respond. You agree your Comments will not violate third-party rights or include unlawful, abusive, or malicious content. You are solely responsible for your Comments.
We may take action regarding Comments we believe violate these Terms or create liability, including removing content or reporting unlawful activity to law enforcement.
SECTION 11 — PERSONAL INFORMATION; MARKETING COMMUNICATIONS
Our collection and use of personal information is governed by our Privacy Policy.
Abandoned Cart & Marketing (If Applicable): We may use cookies, pixels, and third-party services to send reminders via email/SMS about items left in your cart. You may opt out as described in the messages or our policies, subject to legal requirements.
If you access third-party services (such as payment processors), their privacy policies apply to data provided to them.
If you place an order for another person, you agree you have obtained their consent for providing their information to us.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
We may correct typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We may change or update information or cancel orders if any information is inaccurate, including after you submit your order, to the extent permitted by law.
We have no obligation to update information except as required by law.
SECTION 13 — PROHIBITED USES
You are prohibited from using the Site or content:
(a) for unlawful purposes;
(b) to solicit unlawful acts;
(c) to violate laws or regulations;
(d) to infringe intellectual property;
(e) to harass, abuse, defame, or discriminate;
(f) to submit false information;
(g) to upload malware;
(h) to collect others’ personal info improperly;
(i) to spam, phish, scrape, or crawl without permission;
(j) for obscene or immoral purposes; or
(k) to interfere with security features.
We may terminate your access for prohibited uses.
SECTION 14 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, secure, or error-free Services, or that results will be accurate or reliable.
The Services and products are provided “as is” and “as available” except as expressly stated by us, without warranties of any kind (express or implied), including merchantability, fitness for a particular purpose, durability, title, and non-infringement, to the maximum extent permitted by law.
To the extent permitted by law, our liability for any product defect will be limited to replacement or refund for the relevant product, as determined by us and consistent with applicable law and our policies.
To the maximum extent permitted by law, in no event shall the Company or its affiliates be liable for indirect, incidental, punitive, special, or consequential damages (including lost profits, revenue, data, or replacement costs) arising from your use of the Services or products.
Some jurisdictions do not allow certain limitations, so some of the above may not apply. Nothing in these Terms affects non-waivable statutory rights.
SECTION 15 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from any claim or demand (including reasonable attorneys’ fees) arising out of your breach of these Terms, your violation of law, or your violation of third-party rights.
SECTION 16 — AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes eligible for small claims court, you and the Company agree to resolve disputes arising out of or relating to these Terms, the Services, or products purchased through the Site through binding arbitration before a single arbitrator under the rules of the American Arbitration Association (AAA) rather than in court.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Class Action Waiver: You and the Company agree that claims may be brought only on an individual basis, not as a class, collective, representative, or private attorney general action. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
Opt-Out: If you do not want to be bound by this arbitration provision, you must notify us in writing within 30 days of the date you first accept these Terms by emailing legal@houseofduaa.com with a clear statement that you wish to opt out of arbitration.
Either party may seek relief in small claims court for disputes within that court’s jurisdiction on an individual basis.
If any part of this section is found unenforceable, the remaining parts will still apply, except that if the class action waiver is unenforceable, then this arbitration section will be null and void.
SECTION 17 — SEVERABILITY
If any provision of these Terms is unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force and effect.
SECTION 18 — TERMINATION
These Terms remain effective unless terminated by you or us. You may terminate by ceasing use of the Services.
We may terminate or restrict your access if we believe you violated these Terms. You remain liable for amounts due up to the termination date.
Sections intended to survive termination (including disclaimers, limitation of liability, arbitration, and indemnification) will survive.
SECTION 19 — ENTIRE AGREEMENT
These Terms and any policies posted on the Site constitute the entire agreement between you and us regarding the Services, superseding prior communications or agreements.
Our failure to enforce any right is not a waiver. Any ambiguities will not be construed against the drafting party.
SECTION 20 — GOVERNING LAW
If you are a consumer in the EEA, UK, or Australia, these Terms may be governed by the law of your country of residence, and disputes may be resolved in your local courts as required by applicable law.
In all other cases, these Terms are governed by the laws of the State of [Illinois], without regard to conflict of laws principles, and any disputes not subject to arbitration will be brought in the state or federal courts located in [Cook County Illinois].
SECTION 21 — CHANGES TO TERMS
We may update these Terms at any time by posting a new version on the Site. It is your responsibility to check for changes. Continued use after changes constitutes acceptance. Disputes will be resolved under the version in effect when the dispute arose.
SECTION 22 — CONTACT INFORMATION
Questions about these Terms should be sent to
support@houseofduaa.com
SECTION 23 — WHOLESALE (OPTIONAL — INCLUDE ONLY IF YOU OFFER IT)
If you offer wholesale purchasing, you may require minimum order amounts, approval, and additional terms. Wholesale accounts may be restricted from selling on certain third-party marketplaces (e.g., Amazon, eBay), as described in your Wholesale Policy or separate agreement.
SECTION 24 — COMMERCIAL RESALE (OPTIONAL)
Commercial resale of our products on third-party platforms (e.g., Amazon, eBay, Walmart Marketplace) may be prohibited and may be treated as a material violation of these Terms, subject to applicable law.
SECTION 25 — AGE OF CONSENT
The Services are not intended for minors under sixteen (16) years of age, and we do not knowingly collect personal data from minors under 16. If we learn we have collected such data without required consent, we will delete it.
SECTION 26 — SMS/MMS MARKETING (OPTIONAL — INCLUDE ONLY IF YOU TEXT CUSTOMERS)
By opting in to SMS marketing, you consent to receive recurring automated marketing texts at the number provided. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. You can opt out at any time by replying STOP.
For help, reply HELP or contact us at support@houseofduaa.com.
Carriers are not liable for delayed or undelivered messages.
SECTION 27 — EMAIL COMMUNICATIONS
We may send emails about orders, payments, shipping, refunds, and account notices. We may also send marketing emails, which you can opt out of at any time via the link in the email or by contacting support.
Electronic communications satisfy legal writing requirements.
SECTION 28 — SHOPIFY PLATFORM
Our online store may be hosted on Shopify Inc. Shopify provides the e-commerce platform that enables us to sell products to you. Your data may be stored through Shopify’s data storage and applications. Payment processing may be handled by Shopify and/or third-party payment processors and is encrypted pursuant to PCI-DSS standards.
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