All sales made by Dom Blu Hollywood ("Seller") to you ("Customer") are governed by these Terms and Conditions of Sale unless otherwise indicated by Dom Blu Hollywood in writing.

PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY BEFORE PLACING AN ORDER. DO NOT PLACE AN ORDER UNLESS YOU UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. DOM BLU HOLLYWOOD RESERVES THE RIGHT TO AMEND OR MODIFY THESE TERMS AND CONDITIONS OF SALE AT ANY TIME AT ITS SOLE DISCRETION.

Sale is Contingent on Customer's Acceptance of Terms and Conditions.

Seller shall not accept Customer's purchase orders unless and until Customer consents to these Terms and Conditions of Sale. These Terms and Conditions of Sale (as set forth on this website) supersede the terms and conditions of Customer's purchase order(s) and will govern all transactions between Customer and Seller. These Terms and Conditions of Sale also apply to all future transactions unless modified in writing signed by Seller and Customer.

Payment Terms

Seller accepts Visa, MasterCard, American Express or Discover.

Shipping

Customer is responsible for all charges related to shipping and freight, FOB Seller’s warehouse. Orders received prior to 4:00 PM (Pacific Standard Time) will be shipped the following business day, subject to availability. The inventory of seasonal items may fluctuate. Orders are shipped by FedEx. Seller is not responsible for shipping delays caused by carrier. Shipping charges may be billed separately on credit card orders.

If a signature is required for residential deliveries, the Customer must notify the Seller at the time of purchase. Seller is not liable for lost or stolen goods that are delivered to a residence without requiring a signature.

Default

It is understood that should Customer become delinquent in payment, no further credit will be extended. Seller will charge Customer interest on all overdue amounts at the rate of 1½% per month (18% per annum), or the maximum amount allowed by law, whichever is less. Customer will also be responsible for and shall reimburse Seller for any collection agency fees up to 30% of the balance owed, reasonable attorneys' fees, and all other reasonable costs and expenses which may be incurred by Seller in the enforcement of these Terms and Conditions of Sale and/or the Customer Order. Customer acknowledges that these charges, fees, and expenses are reasonable under the circumstances as an estimate of the damages Seller is likely to suffer if Customer defaults in its payment obligations.

Defects

Customer is responsible for inspecting the merchandise for defects upon receipt. Customer shall notify Seller in writing (Michael@dombluhollywood.com) within 7 days of customer’s receipt of the merchandise of any claims for damages that may have resulted from late delivery or any defect that is discovered by Customer with the merchandise, this includes, without limitation, claims related to quality or specification. UNDER NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS OF MERCHANDISE WHICH HAS BEEN LAUNDERED, MODIFIED, OR ALTERED IN ANY MANNER. If an item is damaged or incorrect it will need to be sent back to Dom Blu Hollywood in order to receive credit.

Returns and Cancellations

Authorized returns and exchanges must be postmarked with 30 days of the Customer’s receipt of merchandise. Customer will be responsible for all freight and shipping charges on items returned that are not the result of an error by the Seller. Dom Blu Hollywood is not responsible for items being returned that are lost in shipping. Dom Blu Hollywood will handle the freight costs associated with shipping the exchanged items back to the Customer. If the item is marked as a “sale” item, all sales are final; returns will not be accepted on sale items under any circumstances. If the merchandise has been altered, laundered or modified in any way returns will not be accepted. If the merchandise received by Customer is damaged or incorrect in any way the items will need to be sent back to Dom Blu Hollywood for credit. All returns and exchanges should be shipped via insured mail in a secure package to:

Dom Blu Hollywood
Attn: Web Sale Returns
5074 North Palm Avenue
Fresno, CA 93704

Customer Acceptance of Late or Defective Merchandise

Customer's failure to provide written notice of a claim, as set forth in these Terms and Conditions of Sale, shall constitute a waiver of any claim Customer may have for damages resulting from such defects, including late delivery.

Prices, Quantities, Styles, Colors

Prices are subject to change without notice. All merchandise will be shipped at the prices in effect at the time of shipping. Dom Blu Hollywood reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics. All orders are subject to availability.

Promotional Codes, Coupons, Discounts

Discounts can not be combined with any other promotional offer at time of redemption, nor can they be applied to previous purchases or gift certificates. Discount does not apply to tax, shipping and handling, or similar processing charges. Original discount amount will be deducted from the value of all returned items purchased with a discount at time of purchase (e.g. promotional codes, coupons, etc.).

Gift Certificates

Dom Blu Hollywood Gift Certificates are available for purchase through dombluhollywood.com/shop and may only be redeemed through said website. Discounts and/or promotional codes may not be used to purchase Gift Certificates. Taxes are not applied to purchase of Gift Certificates. Gift Certifcates are not reloadable and never expire.

DISCLAIMER OF WARRANTIES

SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.

LIMITATION ON LIABILITY

CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES OR DEATH RESULTING FROM USE OR SALE OF THE SELLER'S MERCHANDISE.

No Liability for Outside Vendors

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

Jurisdiction/Governing Law

Seller is headquartered in the State of California, United States of America. These Terms and Conditions of Sale shall be governed by and interpreted under the laws of the State of California (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms and Conditions of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Use, which shall remain in full force and effect.

Customer expressly agrees that exclusive jurisdiction for any dispute with Seller, or in any way relating to these Terms and Conditions of Sale, resides in the courts of the State of California and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Calfironia in connection with any such dispute including any claim involving the merchandise or Seller or its affiliates, subsidiaries, employees, contractors, officers, directors.

Force Majeure

Neither Buyer nor Seller shall be liable to the other for delays in performance of its obligation hereunder caused by acts of God, war (declared or undeclared), government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, or similar occurrence beyond the party's control, making it impossible, illegal, or commercially impracticable for one or both parties to perform its obligations under these Terms and Conditions of Sale, in whole or in part.

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS

All materials published on this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by Dom Blu Hollywood or the party credited as the provider of the material. The entire contents of this website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the website. No material from this website or any website owned, operated, licensed, or controlled by Dom Blu Hollywood may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this website for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited.

All trademarks, service marks, and trade names are proprietary to Dom Blu Hollywood or the other designated owner of a posted mark. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Miscellaneous

These Terms and Conditions of Sale constitute the entire agreement between Seller and Customer, superseding any prior agreements between Customer and Seller. The failure of Seller to exercise or enforce any right or provision of these Terms and Conditions of Sale shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions of Sale must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions of Sale are for convenience only and have no legal or contractual effect.

Questions and Comments

Thank you for reading and agreeing to these Terms and Conditions of Sale. Please direct any questions or comments regarding the Terms and Conditions of Sale by electronic mail to Michael@dombluhollywood.com, or by phone to (559) 222-4258, or by standard mail to Seller at the following address:

Dom Blu Hollywood
Attn: Customer Service
5074 North Palm Avenue
Fresno, CA 93704

User Generated Content

Dom Blu Hollywood does not claim any ownership rights to the text, files, images, photos, sounds, musical works, video, works of authorship, applications, or any other materials collectively referred to as “Content” that you may post on or through the Dom Blu Hollywood website (www.dombluhollywood.com). Following the posting of your Content to the Dom Blu Hollywood website, you shall continue to retain any such rights that you may have in your Content, which is subject to the limited license herein. By displaying or publishing (commonly referred to as “posting”) any Content on or through the Dom Blu Hollywood website, you hereby grant to Dom Blu Hollywood a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Dom Blu Hollywood website, including, and without limitation, distributing part or all of the Dom Blu Hollywood website in any media formats and through any media channels, except in circumstances where Content is marked “private”, such content will not be distributed outside of the Dom Blu Hollywood website. This limited license does not grant Dom Blu Hollywood the right to sell or otherwise distribute your Content outside of the Dom Blu Hollywood website. If you remove content that you have submitted, Dom Blu Hollywood will cease to distribute said content as soon as practicable, the license will terminate when distribution ceases. If after we have distributed your Content outside of the Dom Blu Hollywood website the Content’s privacy settings are made “private”, Dom Blu Hollywood will cease distribution of such “private” Content outside the Dom Blu Hollywood website as soon as practicable after the change is made.

If at any time you wish to remove your submitted Content from this site, please email michael@dombluhollywood.com.

The license granted to Dom Blu Hollywood is non-exclusive which means you are free to license your Content to anyone else in addition to Dom Blu Hollywood, this can be fully paid and/or royalty-free which means that Dom Blu Hollywood is not required to pay you for the use of the Content that you post on the Dom Blu Hollywood website. The license is also sublicensable so that Dom Blu Hollywood is able to use its affiliates, subcontractors and other partners such as internet content delivery networks and wireless carriers to provide the Dom Blu Hollywood website, and worldwide because the internet and Dom Blu Hollywod website are global in reach.

You represent and warrante that: (1) you own the Content posted by you on or through the Dom Blu Hollywood website or otherwise have the rights to grant the license set for in this Section 6, and (2) the posting of your Content on or through the Dom Blu Hollywood website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to for all fees, royalties, and any other monies owing any person or entity by reason of any Content posted by you on or through the Dom Blu Hollywood website.

The Dom Blu Hollywood website contains Content of Dom Blu Hollywood (“Dom Blu Hollywood Content”). Dom Blu Hollywood content is protected by copyright, trademark, patent, trade secret and other laws, and Dom Blu Hollywood owns and retains all rights associated with Dom Blu Hollywood Content and the website of Dom Blu Hollywood. Dom Blu Hollywood grants limited, revovable, non-sublicenseable license to reproduce and display Dom Blu Hollywood Content, this excludes any software code, solely for personal use in connection with viewing the website of Dom Blu Hollywood and using the Dom Blu Hollywood website.

The website of Dom Blu Hollywood contains Content of both Users and other Dom Blu Hollywood licensors. You may not copy, translate, publish, modify, transmit, broadcast, distribute, display, perform, or sell any Content appearing on or through the Dom Blu Hollywood website except as provided with this Agreement.

Dom Blu Hollywood performs technical functions that are necessary in order to offer the Dom Blu Hollywood website, this includes but is not limited to transcoding and/or reformatting Content to allow its use throughout the Dom Blu Hollywood website.

Dom Blu Hollywood may, for any or no reason, refuse to post or delete, or reject any Content, if it is deemed in the sole judgment of Dom Blu Hollywood to violate this Agreement or if the Content may be of a nature that is offensive, illegal or in violation of the rights of any person or entity, or if the Content may harm or threaten the safety of any person or entity. Dom Blu Hollywood does not assume any responsibility in monitoring the Dom Blu Hollywood website for inappropriate Content or conduct. If Dom Blu Hollywood, at any time, decides in its sole discretion to monitor the Dom Blu Hollywood website, Dom Blu Hollywood assumes no responsibility for the Content, no obligation to remove or modify inappropriate Content, and no responsibility for User conduct and/or the Content submitted by any such User.

As a User, you are solely responsible for the Content that you post on or through the Dom Blu Hollywood website, and any material or information that you transmit to other Users/Members and for interactions with other Users of the Dom Blu Hollywood website.