Welcome to the Linda Asaf Design Web site, lindaasaf.com (the "Site"). The Site is provided as a service to our customers. Please Read This Document Carefully. It Contains Very Important Information Regarding Your Rights and Obligations Including Limitations and Exclusions That Might Apply to You.
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, shall be as follows:
All orders are subject to verification for security reasons. You will be contacted and will have 48 hours to complete the verification process. If you do not respond after such time, you will be notified; the order will be canceled and refunded in the original payment method.
International Payments may be processed in United States dollars. Charges for shipping and handling will be made in accordance with our then current shipping policies, as described below. Payments made on debit/credit cards outside of US Dollars will be calculated using currency. You agree that LINDA ASAF DESIGN is not responsible for any credit shortages due to currency conversion rates.
If you order ‘Made To Order’, you will be required to pay fifty percent (50%) of the amount due as a deposit at the time you place your order, exclusive of shipping fees and taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping fees, and any taxes or duties owed at such time as the Product is ready for shipment. Please note that any available Site Credit will be automatically applied towards the balance of any pending orders.
Please be aware that because of the “pre-sale” nature of such transactions, you should expect a wait period of approximately two to four (2 to 4) weeks between the date you place your order and the date that the Product is ready for shipment. The estimated delivery window will be noted on the Product page of the respective item.
If you order Products available for immediate shipping, you will be required to pay the full amount due, plus shipping fees and any taxes and/or duties associated with the Product at the time you place your order.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by LINDA ASAF DESIGN.
The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in anyway any of the Content or the Site.
Unless otherwise specified, the Site and the Content are intended to promote LINDA ASAF DESIGN’s products and services available in the United States. The Site is controlled and operated by LINDA ASAF DESIGN from its offices in Austin, TX.
User Comments, Feedback, and Other Submissions
LINDA ASAF DESIGN is pleased to hear from users and welcomes your comments regarding our products and services. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. LINDA ASAF DESIGN has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in anyway affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead LINDA ASAF DESIGN or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. LINDA ASAF DESIGN takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Pricing and Product Information
We have made every effort to accurately display the colors and styles of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
The prices displayed on the Site are quoted in U.S. Dollars, unless otherwise indicated. We are constantly updating and revising our offerings of Products, and we may discontinue Products at any time without notice. All pricing for the Products is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a refund to your credit or debit card account in the amount of the charge and advise you of the canceled order. If you are not completely satisfied with your purchase, you may return it in accordance with our Return Policy, as set forth below.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Price Adjustment Policy
LINDA ASAF DESIGN will honor price adjustments on products purchased within a 7 day period prior to the start of a sale. Please note that the product has to still be available on the site in the same size originally purchased. All approved price adjustments will be issued in the form of Site Credit and the product will be a Final Sale.
LINDA ASAF DESIGN is only able to honor price adjustments at the initial markdown and will be unable to honor them with subsequent markdowns or changes in prices if any. LINDA ASAF DESIGN will not price match any sale or discount prices with any other retailers, including affiliates.
Shipping Fees, Taxes, and International Duties
If you are shipping within the United States of America, sales tax will be appropriately charged. For Made To Order Products, this tax will be charged at such time as the Product is ready for shipment and for all other Products, this tax will be charged at the time you place your order for the Product.
No other tax or import duty will be applied to orders shipped within the United States.
For Made to Order Products, all relevant shipping fees, import taxes, and duties will be charged at such time as the Product is ready for shipment and for all other Products, such shipping fees, import taxes, and duties will be charged at the time you place your order for the Product. The costs of shipping and any import taxes and duties paid are non-refundable.
As the recipient, you will be responsible and liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Payment of these amounts will be necessary to release your order from customs on arrival.
Please check the shipping options at checkout for specific delivery options and fees. No C.O.D. orders can be accepted.
Please note that the posted shipping time frame, if provided, may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
All orders are dispatched with ‘Adult Signature Required’. LINDA ASAF DESIGN is not responsible for any international shipping delays caused by the customs clearance process.
Full-priced items purchased from LINDA ASAF DESIGN may be returned for a full refund to the original form of payment if returned within 7 days of receipt by mail or in person at our Austin showroom. LINDA ASAF DESIGN will not accept a return on merchandise that has been washed, worn, damaged after receipt or missing the original tags. Any product that is damaged upon receipt must be reported to Customer Service within 48 hours of delivery or return might not be approved.
Made-To-Order items and Wedding Dresses are eligible for exchanges or store credits only. Return approval is at the discretion of our operations team. LINDA ASAF DESIGN reserves the right to deny any return that does not comply with our policy. Denied returns will be shipped back to the customer.
If you would like to return a product, please email us at email@example.com for authorization. You may return goods at your sole risk and expense using any safe and secure means. International orders must include any and all commercial invoices of the products being returned to prevent any delays with clearing international customs.
Please ship return orders to:
Linda Asaf DesignAttn: Returns
1405 W 6th Street
Austin, TX 78703
All products not eligible to be returned will be noted in the Product Details. No returns or exchanges will be accepted on the following items and sales of the following items are considered Final Sale:
Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of LINDA ASAF DESIGN. We have no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave our Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Site’s users.
You agree to defend, indemnify and hold LINDA ASAF DESIGN harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution and Arbitration Agreement
INFORMAL DISPUTE RESOLUTION
Both you and LINDA ASAF DESIGN agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to: Linda Asaf Design, 1405 W 6th Street, Austin, TX 78703. To you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and LINDA ASAF DESIGN agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiate any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and LINDA ASAF DESIGN expressly delegate to the arbitrator the authority to determine the viability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to LINDA ASAF DESIGN, 1405 W 6th Street, Austin, TX 78703. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Travis County.
In lieu of arbitration, either you or LINDA ASAF DESIGN may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or LINDA ASAF DESIGN. You may terminate this Agreement at anytime. LINDA ASAF DESIGN also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of LINDA ASAF DESIGN's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and/or credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
WEB BROWSER COOKIES
USE OF COLLECTED INFORMATION
LINDA ASAF DESIGN collects and uses Users personal information for the following purposes:
To process transactions:
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
To send periodic emails:
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.