Introduction
Welcome to Jennifer Daley Fine Textiles. This website (the Website) is owned and operated by Daley Design LLC, a California Company (Daley Design). In this Conditions of Use document, the user may be referred to as “you” and Daley Design may be referred to as “us” or “we.” By accessing this Website, you agree to be governed by these Conditions of Use and the Privacy Policy that accompanies them.
Website updates
We will update our Website from time to time.After any such update, the current content of the Website entirely supersedes the content that has been removed.
Right to refuse or limit orders
All products offered through our Website are offered subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on its website or limit the sales of products or services to any customer, household, geographic region or jurisdiction. If you have paid for a product that we do not ship to you, we will refund the payment through the payment method you used to buy the product.
Color and product description limitations
Although we strive to provide you with accurate descriptions and images of our products, our products are not mass-produced and slight variations in form, texture, and color may occur.Please understand that the colors displayed on your screen may not accurately reflect the actual colors of the products due to variations in color displays and their settings.
Terms of sale
We provide this Website only for personal, noncommercial use by actual and prospective purchasers at retail, and not for use by resellers.
OUR PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.EXCLUDED WARRANTIES INCLUDE BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS.
Use of this Website
Your use of our Website is entirely at your own risk. We do our best to prevent our Website from being infected with malware, but we cannot guarantee that our efforts will be successful. Any damage to your computer system or loss of your data caused by your use of the Website (including downloading files or content from it) is your sole responsibility. We disclaim all responsibility for such damage.
Use of Our Intellectual Property
This Website, and all its contents, are our exclusive intellectual property. If you download any content from our Website, you acquire no right or title in that downloaded content. You must not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit any contents of this Website.
We do not accept confidential information from you
Please do not send any confidential or proprietary information to us through this Website. By submitting information, materials, suggestions, ideas or comments to us you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
Contact information; comments and feedback
You may contact us with any complaints or to seek additional information. You may email us at info@jenniferdaleytextiles.com. You may also call us at 510-263-9774. You may address mail to: Daley Design LLC, 1113 Lincoln Ave, Alameda CA 94501 .
California users who have complaints about us may also write to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or call (916) 445-1254 or (800) 952-5210.
Arbitration
By visiting or using this Website, you agree that any dispute, claim or controversy arising out of or relating to these Conditions of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, “Disputes”) will be settled by binding arbitration between you and us, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of your or our copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Arbitration shall take place in Oakland, California, using California law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this provision.
Your Privacy Rights
Information we collect
We collect information about you when you register on the Website and when you use it. We use this information to provide the functionality of the Website, to improve its quality, to personalize your experience, and to process transactions. For example, when you order a product from the Website, we will collect your name, email address, shipping and billing addresses, phone number, and financial information that will enable us to receive funds drawn on your credit card or on your bank account.
We also use your information to send promotional emails to you. These emails will e.g. inform you of new products, special sales, and events that may be of interest to you. If you do not wish to receive such emails, you can opt-out/unsubscribe to them; you can do this by following the detailed instructions contained in those emails.
Whenever you visit the Website, some information is automatically collected. Examples of this automatically-collected information include your computer’s operating system, your Internet Protocol (IP) address, the time and duration of your access, your browser type and language, and the website you visited before you visited the Website. We also collect information about your usage of theWebsite and your activity on it.
If you wish to change personal data (e.g. your name, your email address) you have provided to us, you may do so by sending us an email addressed to info@jenniferdaleytextiles.com and telling us what information you wish to change.Likewise, if you want us to delete your personal data, you may do so by notifying us at info@jenniferdaleytextiles.com.
Cookies
We automatically collect information using “cookies” and similar technology. Cookies are small data files that and reside on your computer or mobile device, in emails we send to you, and on the pages of the Website. Cookies help us improve our website and your experience. We use cookies to see which areas and features are popular and to count visits to the Website.
How we use information we collect
We use your personal information for purposes described in this Policy or disclosed to you on our Website or in connection with our services. For example, we may use your information to:
- provide you with products and services (such as monogramming and other personalization);
- operate and improve our Website and our services;
- understand you and your preferences to enhance, personalize and customize your experience and enjoyment using our Website, products and services, such as understanding your purchasing history to make recommendations about other products you may like;
- respond to your comments and questions and provide customer service;
- send you account-related information such as confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
- communicate with you about new offers, promotions, rewards, and upcoming events and other news about us (unless you have opted out of/unsubscribed to promotional emails);
- protect, investigate and deter against fraudulent, unauthorized or illegal activity.
Security of your personal information
We take reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction.
How we share information
We don’t want our personal information shared with third parties without our consent, and we will not share yours, except as follows:
- We share personal information with trusted third-party vendors, consultants and other service providers who work for us. (Examples of such third parties are firms that process credit card payments, firms that serve advertisements, and firms that ship goods.)We use such persons and firms to help us operate our Website, to conduct our business, and to service you. These third parties will access your personal information only to perform tasks on our behalf, and each of them has agreed with us to keep your personal information confidential.
- We may disclose your personal information to comply with law and to respond to lawful requests and legal process, and in the unlikely event of a data breach to inform law enforcement authorities and to engage third parties to undertake appropriate remediation efforts.
Notice to California residents
1. Our disclosure of your personal information to third parties
If you are a resident of California and have provided personal information to us, you may request information about whether we have disclosed personal information to any third parties for their direct marketing purposes, subject to certain exceptions. In general, again, subject to certain exceptions, if we have made such a disclosure of Personal Data, upon receipt of a request you, we are required to provide a list of all third parties to whom we disclosed Personal Data in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. We do not disclose Personal Data to any third parties for their direct marketing purposes, and we will advise you of this if you request this information.
2. California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. We do not respond to Do Not Track browser settings or signals.
Email communications
By signing up for a newsletter or promotion, you waive all rights to file complaints concerning unsolicited email from us, since you have agreed to such communication by providing your information to us. However, you may unsubscribe from our communications by notifying us at info@jenniferdaleytextiles.com. We will remove you from the database.
Changes to this policy
If we make any changes to this Policy, we will post the change on this page and we will change the “Last Updated” date below.
Contacting us
If you have any questions regarding these policies, you may contact us at:
Jennifer Daley Fine Textiles
info@jenniferdaleytextiles.com
510-995-8443
1113 Lincoln Ave., Alameda, CA94501
Last updated: Nov 4, 2022