Terms & Conditions

OVERVIEW:

Welcome to distafashion.com. Dista Fashion and or its affiliates provide website features, other products and services to you when you visit or shop at distafashion.com, use Dista Fashion products or services, use Dista Fashion applications for mobile, or use the software provided by Dista Fashion in connection with any of the foregoing (collectively, "Dista Fashion Services"). Dista Fashion provides the Dista Fashion Services subject to the following conditions.

PRIVACY

Please review our Privacy Notice, which also governs your use of Dista Fashion Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Dista Fashion Services or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Dista Fashion Services, such as our message center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Dista Fashion Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Dista Fashion or its Content suppliers and protected by the United States and international copyright laws. The compilation of all content included in or made available through any Dista Fashion Services is the exclusive property of Dista Fashion and protected by the U.S. and international copyright laws.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Dista Fashion or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-alienable license to access and make personal and non-commercial use of the Dista Fashion Services. This license does not include any resale or commercial use of any Dista Fashion Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Dista Fashion Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Dista Fashion or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither Dista Fashion Services, nor any part of any Dista Fashion Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express or written consent of Dista Fashion. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dista Fashion without express or written consent. You may not use any meta tags or any other "hidden text" utilizing Dista Fashion's name or trademarks without the express or written consent of Dista Fashion. You may not misuse the Dista Fashion Services. You may use the Dista Fashion Services only as permitted by law. The licenses granted by Dista Fashion terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Dista Fashion account to use certain Dista Fashion Services, and you may be required to be logged in to the account. You are sole responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Dista Fashion does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Dista Fashion Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Dista Fashion Household. Dista Fashion reserves the right to refuse service, terminate accounts, terminate your rights to use Dista Fashion Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, personal business posts, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Dista Fashion reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Dista Fashion a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dista Fashion and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dista Fashion for all claims resulting from content you supply. Dista Fashion has the right but not the obligation to monitor and edit or remove any activity or content. Dista Fashion takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Dista Fashion respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please reach us at legal@distacart.com to report listings that you believe violate your intellectual property rights and we will investigate the matter.

RISK OF LOSS

All purchases of physical items from Dista Fashion are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Dista Fashion does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Dista Fashion does not take title to the refunded item.

If you experience an adverse reaction to a product, please discontinue use immediately and contact us at happy@distacart.com within 45 days of purchase for information about returns or refunds. All refunds and returns are subject to the policies of the manufacturer.

DISCOUNT CODES, STORE CREDITS AND GIFT CARD

Dista Fashion provides store credits, Discount codes and Gift Card to the customers during promotional activities. While placing an order customer can avail only one option (either Discount Code or Store Credits or Gift Card) and under no circumstances these cannot be clubbed together.

Note: Dista Fashion reserves the rights at any time, without any prior notice to add, alter, modify, change or vary all or any on of these terms and conditions or to replace it as a whole or in a part, or to withdraw it all together. 

PRODUCT DESCRIPTIONS

Dista Fashion attempts to be as accurate as possible. However, Dista Fashion does not warrant that product descriptions or other content of any Dista Fashion Services is accurate, complete, reliable, current, or error-free. If a product offered by Dista Fashion itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Dista Fashion and other retailers. Certain products may have a "Was Price" displayed, which is determined using the recent price history of the product on Dista Fashion.

With respect to items sold by Dista Fashion, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Dista Fashion is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

SANCTIONS AND EXPORT POLICY

You may not use any Dista Fashion Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Dista Fashion Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Dista Fashion Software), technology, and services.

OTHER BUSINESSES

Parties other than Dista Fashion operate stores, provide services or software, or sell product lines through the Dista Fashion Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Dista Fashion. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Dista Fashion does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, under no circumstances and under no legal theory (whether based in equity, contract, negligence, other tortious action, strict liability, or any other theory of liability) shall Dista Fashion, its officers, directors, employees, subsidiaries or affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages, such as, but not limited to loss of revenue, loss of anticipated profits, goodwill, diminution of value, business interruption costs, or any other intangible losses (even if we have been advised of the possibility of such damages) arising out of, related to, caused by, or resulting, or resulting in any way from(1) the use of the services; (2) the inability to use the services (3) modifications of or removal of any portion of the services, or the content offered therein; (4) these terms of use; (s) the accuracy, timeliness, performance, completeness, or suitability of any content or the services for any particular purpose; (6) defects in the content or the services; (7) errors, inaccuracies, or omissions in Dista Fashion’s content or the services; (8) damage from any security breach or any other security intrusion, or any virus, bugs, other malicious software or harmful components, tampering, interruption, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction. Furthermore, neither Dista Fashion nor its officers, directors, employees, subsidiaries, or affiliated companies shall be liable in any way for third-party products and services offered through the services. Moreover, Dista Fashion and its officers, directors, employees, subsidiaries, or affiliated companies shall not be liable for any damage to your computer, device, hardware, software, or other property arising out of, related to, caused by, or resulting in any way from access to or use of the services.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or other damages, so the above limitations may not apply to you. In these jurisdictions, Dista Fashion liability will be limited to the maximum extent permitted by law.

ALLERGY AND SENSITIVITY DISCLAIMER

Some products sold through our platform may contain ingredients that can cause allergic reactions or sensitivities in some individuals. Users are responsible for reviewing all product ingredients and consulting with a healthcare professional before using any product. Distacart Inc. is not responsible for any allergic reactions, sensitivities, or other adverse effects related to the use of the products.

DISCLAIMER OF MEDICAL ADVICE

The content on this website, including but not limited to product descriptions, recommendations, and other materials, is for informational purposes only and is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or the proper use of a product. If you experience any adverse reaction to a product, discontinue use and consult your healthcare provider immediately. Pregnant women should consult a doctor before using/consuming any products.

PRODUCT USE AND SAFETY DISCLAIMER

The products sold on this website are offered by third-party manufacturers and distributors. Distacart Inc. does not manufacture these products and makes no representations or warranties, express or implied, regarding their safety, effectiveness, or fitness for a particular purpose. Users are responsible for reading all labels, warnings, and instructions provided by the manufacturer before using any product. Distacart Inc. is not liable for any adverse reactions or injuries caused by the use of any products purchased through this platform. Use products at your own risk.

DISPUTES

Any dispute or claim relating in any way to your use of any Dista Fashion Services, or to any products or services sold or distributed by Dista Fashion or through distafashion.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

APPLICABLE LAW

By using any Dista Fashion Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Dista Fashion.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of Dista Fashion Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Dista Fashion Refer-a-Friend Program Terms & Conditions:

As a Refer-a-Friend member (a “Referrer”), you are subject to Dista Fashion’s Terms of Use and Dista Fashion’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Dista Fashion’s Refer-a-Friend program. 

Qualified Referral. A Qualified Referral is defined as a purchase made at www.Distafashion.com by a person (a "Referred Customer") who arrives at our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).

Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an eligible order.

Reward Payments. Rewards are payable in increments of $7. As a Referrer, you are responsible for all tax liability resulting from Referral Rewards.

Eligibility is limited to individuals only. Dista Fashion’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined at Dista Fashion’s sole discretion. (Corporations are not people, my friend!)

No Spam. You must comply with all up to date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Dista Fashion’s Refer-a-Friend program.

Right to close Accounts.

Dista Fashion reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Dista Fashion Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Right to cancel Program or change Terms. Dista Fashion reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

OUR ADDRESS

Distacart Inc.
33701 Whimbrel Road Fremont, CA 94555, USA
Toll-free:+1-855-253-4782
Email: happy@distacart.com
https://www.distafashion.com