TERMS OF SERVICE

Effective Date: 09-August-2025
Last Updated: 09-August-2025

CRITICAL LEGAL NOTICE - BINDING ARBITRATION - CLASS ACTION WAIVER

READ CAREFULLY: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. BY USING THIS WEBSITE, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR JURY TRIALS.

ACCEPTANCE OF TERMS

These Terms of Service ("Agreement," "Terms") constitute a legally binding contract between you (whether an individual or entity) and Domisana, its subsidiaries, affiliates, agents, and licensors (collectively "Company," "we," "us," or "our") governing your access to and use of https://domisana.com and any related mobile applications, services, or platforms (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, PLACING AN ORDER, OR CLICKING "I AGREE," YOU:

1. Acknowledge you have read and understood these Terms
2. Agree to be legally bound by these Terms
3. Represent you have the legal authority to accept these Terms
4. Consent to electronic communications as your exclusive method of receiving agreements

IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY STOP USING THE SERVICE AND MAY NOT PLACE ANY ORDERS.

SECTION 1 - DEFINITIONS AND INTERPRETATION

For purposes of this Agreement:

• "Products" means any goods offered for sale through the Service
• "Order" means your request to purchase Products
• "User Content" means any content you submit, post, or transmit
• "Intellectual Property" means all patents, trademarks, copyrights, trade secrets, and other proprietary rights
• "Supplier" means third-party vendors who fulfill orders
• "Chargeback" means a reversal of a payment card transaction

Headings are for convenience only and do not affect interpretation. References to "including" mean "including without limitation."

SECTION 2 - ELIGIBILITY AND CAPACITY

By using the Service, you represent and warrant that:

1. You are at least 18 years old or the legal age of majority in your jurisdiction
2. You have full legal capacity to enter binding contracts
3. You are not barred from using the Service under applicable law
4. You are not located in any country subject to U.S. embargo or sanctions
5. You are not on any government list of prohibited parties
6. You will comply with all applicable laws and regulations
7. All information you provide is accurate, current, and complete
8. You will maintain the accuracy of such information
9. You are purchasing Products for personal use, not resale (unless authorized)
10. You will not use the Service for any illegal, fraudulent, or unauthorized purpose

MINORS: If under 18, you may only use the Service with parental consent and supervision. Parents/guardians accepting these Terms on behalf of minors are fully responsible for all acts and omissions.

SECTION 3 - ACCOUNT REGISTRATION AND SECURITY

Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, complete registration information
• Update information to maintain accuracy
• Not create accounts using false identities
• Not create multiple accounts without permission
• Not sell, transfer, or assign your account

Account Security

You are solely responsible for:

• Maintaining confidentiality of login credentials
• All activities under your account
• Immediately notifying us of unauthorized access
• Losses from failure to secure your account

We reserve the right to:

• Suspend or terminate accounts violating these Terms
• Reclaim usernames that violate intellectual property rights
• Disable accounts inactive for 12+ months
• Require password changes for security reasons

SECTION 4 - PRODUCTS AND ORDER TERMS

Product Information and Availability

• Product descriptions, images, and specifications are approximate only
• Colors may appear different on your device
• We do not warrant that descriptions are accurate, complete, or error-free
• All Products are subject to availability
• We reserve the right to limit quantities
• We may discontinue Products without notice
• Product availability and shipping times are estimates only

Order Process

By placing an Order, you:

• Make an offer to purchase Products
• Agree to pay all charges at prices in effect
• Authorize payment processing
• Acknowledge orders are subject to acceptance

Order Acceptance and Rejection

• Order confirmation emails are acknowledgments only, NOT acceptance
• We reserve absolute discretion to accept or reject any Order
• We may reject Orders for reasons including but not limited to:
  • Product unavailability
  • Pricing errors
  • Suspected fraud
  • Unusual purchase patterns
  • Previous payment issues
  • Violation of Terms
  • High-risk shipping destinations
  • Credit authorization failures

Order Modification and Cancellation

• Customer Cancellations: Allowed within 30 MINUTES of purchase only
• Modifications: Accepted within 24 HOURS if not yet shipped
• After these windows, you must wait for delivery and follow return procedures
• We may cancel Orders at any time before shipment for any reason
• If we cancel after payment, you'll receive a full refund

Pricing and Payment

• All prices in USD unless stated otherwise
• Prices exclude taxes, duties, shipping unless specified
• Prices subject to change without notice (changes don't affect confirmed Orders)
• We reserve the right to correct pricing errors
• If pricing error discovered after Order, we may cancel and refund
• You're responsible for all applicable taxes and duties

Payment Processing

• Payment due immediately upon Order placement
• We use third-party payment processors
• By providing payment information, you authorize:
  • Full payment charge including taxes/fees
  • Payment method verification
  • Pre-authorization holds
• We are not liable for payment processor actions

Suspicious Activity and Fraud Prevention

We may:

• Verify information before Order acceptance
• Cancel Orders appearing fraudulent
• Report suspected fraud to authorities
• Pursue legal action for fraudulent Orders
• Blacklist payment methods/addresses associated with fraud

SECTION 5 - SHIPPING, DELIVERY, AND RISK OF LOSS

Shipping Terms

• CRITICAL: Title and risk of loss pass to you upon delivery to carrier
• We are NOT responsible once carrier accepts shipment
• Shipping times are ESTIMATES ONLY - NOT GUARANTEED
• We are not liable for carrier delays, failures, or force majeure
• Shipping addresses must be accurate and complete
• We're not responsible for incorrect addresses provided by you

Delivery Responsibilities

YOUR OBLIGATIONS:

• Provide accurate, deliverable shipping address
• Track shipment using provided information
• Be available to receive delivery
• Inspect packages immediately upon receipt
• Report damage/issues within 48 HOURS
• File claims with carrier for shipping damage

International Shipping

For international Orders:

• You are the importer of record
• You're responsible for ALL customs duties, taxes, fees
• We don't control customs processing times
• Orders may be subject to inspection, delays, or seizure
• Refused shipments due to customs fees are non-refundable
• We're not liable for customs actions

Lost or Damaged Shipments

• We're NOT responsible once carrier takes possession
• Shipping insurance (if purchased) covers only transit period
• Coverage ends when marked "delivered" by carrier
• Post-delivery theft/damage is YOUR responsibility
• Claims must be filed with carrier or insurance provider

SECTION 6 - RETURNS, REFUNDS, AND EXCHANGES

Our complete Return Policy at https://domisana.com/pages/returns-exchanges is incorporated by reference. Key terms:

Return Eligibility

• 14-day return window from delivery date
• Items must be unused, unworn, with tags
• Original packaging required
• Proof of purchase required
• Returns must be pre-approved via email
• Unauthorized returns will be refused

Return Process

1. Email support@domisana.com within 14 days
2. Await approval and instructions
3. Complete Return Merchandise Form
4. Ship to designated address (varies by region)
5. You pay ALL return shipping costs
6. Use trackable shipping (recommended)

Non-Returnable Items

• Custom/personalized products
• Perishable goods
• Personal care/beauty items
• Hazardous materials
• Items marked "final sale"
• Damaged/used items

Refund Processing

• Inspection required before refund approval
• Approved refunds processed within 10 business days
• Refunds issued to original payment method only
• Bank processing may take additional time
• Shipping fees are NON-REFUNDABLE
• Shipping insurance is NON-REFUNDABLE

Exchanges

• Free size exchanges for selected items only
• Other exchanges: return and reorder
• Subject to availability

SECTION 7 - INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

ALL content on the Service including text, graphics, logos, images, audio, video, software, data compilations, and arrangements ("Content") is our exclusive property or licensed to us and protected by intellectual property laws.

YOU MAY NOT:

• Copy, reproduce, distribute, or create derivative works
• Use our trademarks without written permission
• Remove copyright/proprietary notices
• Use automated systems to scrape/copy Content
• Reverse engineer any Service aspect
• Use Content for commercial purposes
• Create competing products using our Content
• Frame or mirror any Service part
• Use meta tags with our trademarks

Limited License

We grant you a limited, revocable, non-exclusive, non-transferable license to:

• Access and use the Service for personal purposes
• View Content for shopping purposes
• Print pages for personal records

This license terminates upon Terms violation.

User Content License

By submitting User Content, you:

• Grant us perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, distribute, and display such content
• Warrant you own or have rights to the content
• Waive all moral rights
• Agree we owe no compensation

SECTION 8 - PROHIBITED CONDUCT

You agree NOT to:

Illegal Activities

• Violate any laws, regulations, or court orders
• Engage in fraud, money laundering, or illegal transactions
• Purchase Products for illegal purposes
• Provide false information
• Impersonate others

Security Violations

• Access unauthorized Service areas
• Attempt to breach security measures
• Interfere with Service operation
• Transmit viruses, malware, or harmful code
• Overburden servers with automated requests
• Use bots, scrapers, or similar tools

Commercial Violations

• Resell Products without authorization
• Use Service for commercial purposes without permission
• Compete with us using information obtained from Service
• Advertise or solicit on the Service
• Harvest user information

Abusive Behavior

• Harass, threaten, or harm others
• Post defamatory, obscene, or offensive content
• Engage in excessive returns/refunds
• Manipulate reviews or ratings
• Circumvent purchase limits

Fraudulent Activities

• Use stolen payment methods
• Engage in friendly fraud/false chargebacks
• Create fake accounts
• Manipulate promotions or discounts
• Place Orders with no intent to pay

Violation results in immediate termination and possible legal action.

SECTION 9 - THIRD-PARTY SERVICES AND LINKS

Third-Party Providers

We use third-party service providers for:

• Payment processing
• Shipping and logistics
• Customer service tools
• Analytics services

We're NOT liable for third-party actions, omissions, or policies.

External Links

The Service may contain third-party links. We don't control and aren't responsible for:

• Third-party content or practices
• Products/services offered
• Privacy policies
• Any resulting damages

Access third-party sites at your own risk.

Global Fulfillment Disclosure

IMPORTANT: We utilize a global fulfillment network to ensure efficient worldwide delivery. This means:

• Products ship from our international warehouse network
• Shipping times vary based on product location and destination
• We work with trusted fulfillment partners for quality control
• Various carriers are selected for optimal delivery to your location
• Products are shipped directly to you for faster delivery

SECTION 10 - DISCLAIMERS AND WARRANTIES

NO WARRANTIES

THE SERVICE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING:

• MERCHANTABILITY
• FITNESS FOR PARTICULAR PURPOSE
• NON-INFRINGEMENT
• TITLE
• QUIET ENJOYMENT
• ACCURACY
• RELIABILITY

SPECIFIC DISCLAIMERS

WE DON'T GUARANTEE:

• Service will be uninterrupted or error-free
• Products will meet your expectations
• Results from Product use
• Accuracy of Product descriptions
• Third-party product quality
• Delivery timeframes
• Product availability

ASSUMPTION OF RISK

You acknowledge and agree:

• You assume all risk from Service/Product use
• We're not responsible for Product performance
• Individual results may vary
• You should verify Product suitability

SECTION 11 - LIMITATION OF LIABILITY

MAXIMUM LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT AT ISSUE OR $100, WHICHEVER IS LESS.

EXCLUDED DAMAGES

WE ARE NOT LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute products
• Emotional distress or mental anguish
• Third-party claims

SCOPE OF LIMITATIONS

These limitations apply:

• Regardless of legal theory (contract, tort, strict liability)
• Even if we knew of possible damages
• Even if remedies fail their essential purpose
• To maximum extent permitted by law

Some jurisdictions prohibit certain limitations; those prohibitions may apply to you.

SECTION 12 - INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, suppliers, and affiliates from ANY claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your Service use or misuse
• Your Terms violation
• Your violation of any rights
• Your User Content
• Your fraudulent/illegal activities
• Your account actions/inactions
• Your payment disputes/chargebacks
• Your false or misleading information
• Third-party claims from your actions
• Your negligence or willful misconduct

We may assume exclusive defense of any claim, and you'll cooperate fully.

SECTION 13 - DISPUTE RESOLUTION

MANDATORY ARBITRATION

ANY DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, NOT COURT. By accepting these Terms, you waive your right to sue in court.

Arbitration Rules:

• CEDR (Centre for Effective Dispute Resolution) rules apply
• Single arbitrator
• Arbitration location: London, England
• Each party bears own costs
• English language proceedings
• Judgment enforceable in any court

CLASS ACTION WAIVER

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. DISPUTES MUST BE BROUGHT INDIVIDUALLY.

EXCEPTIONS

Only these disputes may go to court:

• Intellectual property claims
• Small claims court matters
• Injunctive relief for Terms violations

Informal Resolution

Before arbitration, you must attempt resolution by emailing support@domisana.com with:

• Your name and contact information
• Detailed dispute description
• Requested resolution

Allow 60 days for response.

SECTION 14 - GOVERNING LAW AND JURISDICTION

This Agreement is governed by laws of England and Wales, without regard to conflict of law principles. You consent to exclusive jurisdiction of courts in England and Wales for any disputes not subject to arbitration.

SECTION 15 - PRIVACY AND DATA PROTECTION

Your privacy is governed by our Privacy Policy at https://domisana.com/pages/privacy-policy, incorporated by reference. By using the Service, you consent to:

• Data collection and use per Privacy Policy
• International data transfer
• Marketing communications (subject to opt-out)
• Cookies and tracking technologies
• Sharing data with service providers

SECTION 16 - COMMUNICATIONS

Electronic Communications

You consent to receive electronic communications and agree that all agreements, notices, and communications satisfy any legal writing requirements.

How to Contact Us

• Email: support@domisana.com
• Address: 71-75 Shelton Street, London, United Kingdom
• Response Time: 1-3 business days

Notice Requirements

Legal notices must be sent via certified mail to our business address.

SECTION 17 - TERM AND TERMINATION

Term

These Terms remain effective until terminated.

Termination by You

You may terminate by:

• Ceasing all Service use
• Closing your account
• Requesting account deletion

Termination by Us

We may terminate immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Pose risk to us or users
• Fail to pay amounts due

Effects of Termination

Upon termination:

• Access rights cease immediately
• Outstanding amounts become due
• Licenses terminate
• Survival provisions remain effective

Surviving Provisions

These sections survive termination:

• Intellectual Property
• Indemnification
• Liability Limitations
• Dispute Resolution
• Unpaid obligations

SECTION 18 - MISCELLANEOUS PROVISIONS

Entire Agreement

These Terms constitute the entire agreement, superseding all prior agreements.

Severability

If any provision is invalid, the remainder continues in effect.

No Waiver

Our failure to enforce any right doesn't waive future enforcement.

Assignment

You can't assign these Terms. We may assign freely.

Force Majeure

We're not liable for failures beyond our reasonable control.

Interpretation

No provision interpreted against the drafting party.

Relationship

Nothing creates partnership, joint venture, or agency.

Compliance with Laws

You must comply with all applicable laws.

Updates to Terms

We may modify Terms anytime. Continued use constitutes acceptance.

Language

English version controls if translations exist.

SECTION 19 - SPECIAL PROVISIONS

UK Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under UK law, including rights under:

• Consumer Rights Act 2015
• Consumer Contracts Regulations 2013
• Data Protection Act 2018 and UK GDPR

UK consumers have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.

Copyright Infringement Notice

To report copyright infringement or intellectual property violations, please send a detailed notice to our designated agent at support@domisana.com including:

• Identification of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

Export Compliance

Products may be subject to UK and international export controls. You are responsible for compliance with all applicable export and import laws, including economic sanctions and embargoes.

Distance Selling Regulations

As per UK Distance Selling Regulations, consumers have the right to cancel orders within 14 days of receipt. This statutory right operates alongside our Return Policy. Certain exemptions apply as detailed in our Return Policy.

SECTION 20 - ACKNOWLEDGMENT

BY USING THIS SERVICE, YOU ACKNOWLEDGE:

• You've read and understood these Terms
• You agree to be bound by these Terms
• You waive certain legal rights
• You're entering a binding legal agreement
• You've had opportunity to seek legal counsel

CONTACT INFORMATION

Domisana
Email: support@domisana.com
Address: 71-75 Shelton Street, London, United Kingdom
Website: https://domisana.com

Last Updated: 09-August-2025
Version: 2.0