TERMS OF SERVICE AGREEMENT
Section 1: Acceptance of Terms of Service
(A) By checking the box before proceeding to the checkout, you ("User") agree to enter into a legally binding agreement with Dissonance Store LLC ("Dissonance" or the "Company") and accept all terms and conditions set forth in this Terms of Service Agreement ("Agreement").
(B) This Agreement governs your use of the Company's website and any related services provided by Dissonance (collectively, the "Services"). By using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, including any additional policies or FAQs that are incorporated herein by reference.
(C) Dissonance reserves the right to amend or modify this Agreement at any time and without prior notice to you. Your continued use of the Services after any such changes constitutes your acceptance of the new terms. It is your responsibility to regularly review this Agreement for any updates or changes.
(D) If you do not agree to any provision of this Agreement, you should not use the Services.
Section 2: Final Sales and Chargebacks
(A) You acknowledge and agree that all sales are final and cannot be disputed by you, your bank, or your payment provider.
(B) If you receive an item without defects and have not contacted Dissonance before initiating a chargeback claim, you agree that, by doing so, you are engaging in fraudulent activity against Dissonance and accept full legal and financial responsibility for your actions.
(C) Dissonance maintains a strict policy against fraud and impulsive buyers to protect its business interests and reputation. By using the Services, you agree to comply with this policy and understand the consequences of any violation.
(D) Dissonance may, at its sole discretion, take legal action against any individual or entity that engages in fraudulent activity or disputes a final sale, including reporting such activity to the relevant payment providers and law enforcement agencies.
Section 3: Returns and Exchanges
(A) Dissonance does not accept general returns or exchanges. However, the Company will fully replace any product that arrives defective, subject to the terms and conditions set forth in this Agreement.
(B) For the purposes of this Agreement, a "defective" product is defined as any item that arrives with visible stains, tears, punctures, or unstable stitcheries, such as loose seams or jagged lining.
(C) All shipments from Dissonance are fully insured at no additional cost to you. If any product is damaged during transit, it will be replaced. If the item is a unique piece (1/1), a full refund of the order amount will be issued to the original payment method no later than four (4) business days after Dissonance receives reimbursement from the shipping provider.
(D) Dissonance reserves the right to determine, at its sole discretion, whether a product is considered defective. The Company's top priority is to provide its clientele with the highest quality products possible and will not leave any client with a defective product, provided that the client reports the issue through the proper channels as described in this Agreement.
Section 4: Return and Exchange Procedure
(A) If you receive a defective product, you may submit a return or exchange request by following the procedure outlined in this section.
(B) To submit a return or exchange request for a defective product, please email a direct photo and rotating video of the product, along with your first name and order number in the subject title, to firstname.lastname@example.org.
(C) Upon review and acceptance of your return or exchange request, Dissonance will send you an email with instructions on how to proceed with the return or exchange process.
(D) Failure to comply with the return or exchange procedure set forth in this Agreement may result in the denial of your request. Dissonance is not responsible for any additional costs or losses incurred as a result of non-compliance with the return or exchange procedure.
Section 5: Order Processing and Shipping Time
(A) The shipping time for a specific product is outlined in the product description tab on the Dissonance website. Shipping times may vary depending on the nature of the product (e.g., ready-to-ship items, made-to-order items), payment processor choice, and other factors.
(B) Ready-to-ship items will be shipped out anywhere between the same day to three (3) business days after the order is received. Shipping times for made-to-order items will vary depending on the complexity of the item. Please refer to the product description tab for updated manufacturing and shipping estimates.
(C) Dissonance is not responsible for any delays in shipping or delivery caused by factors beyond its control, including but not limited to, courier delays, customs inspections, or natural disasters. The Company will make reasonable efforts to inform you of any known delays and keep you updated on the status of your order.
(A) Dissonance does not cover any customs fees for international orders. All responsibility for customs fees, duties, taxes, and any other charges associated with the importation of products lies with the User.
(B) By checking the box upon checkout, you consent to the terms outlined in this section and agree to bear any customs fees or other charges that may be incurred in connection with your order.
(B) It is your responsibility to familiarize yourself with the customs regulations and policies of your country before placing an order with Dissonance. The Company is not responsible for any delays or additional costs incurred due to non-compliance with customs requirements or import restrictions.
Section 7: Partial Shipments and Multiple Packages
(A) Your order may arrive in multiple packages depending on the items purchased. Certain products are stored in various international fulfillment warehouses within Dissonance's global network, enabling the Company to produce and ship items closer to the destination, reducing shipping costs for Users.
(B) You can reference your order email or create a customer account at any time to see which items have been sent with which tracking numbers. This will enable you to stay up-to-date with the status of your packages.
(C) Dissonance recommends using the Shop app or similar tracking services to monitor the progress of your order and receive timely updates on package deliveries.
Section 8: Shipping Methods and Providers
(A) Dissonance ships all orders with tracking numbers to ensure that you can monitor the progress of your package and receive timely updates on its delivery status.
(B) For USA-based clientele, Dissonance primarily uses USPS for shipping but also offers UPS with multiple speed options for both providers.
(C) For international clientele, Dissonance primarily uses DHL but also offers USPS and UPS, depending on the destination.
(D) Please note that all orders are dropped off for shipping every Wednesday and Saturday of the week. The shipping speed you choose only affects the delivery time by the courier, not the order processing time. Dissonance is not responsible for courier delays once the item leaves the Company's location.
(E) All orders are insured for up to $200 USD for lost items. If you wish to purchase additional insurance for larger items, please leave a note in your order, and you will be invoiced with an insurance rate based on the order value.
Section 9: Ready-to-Ship and Made-to-Order Items
(A) All items listed on the Dissonance website are ready-to-ship unless stated otherwise in the product description. Please read the product description carefully to verify whether the item is made-to-order.
(B) If you are planning a purchase to coordinate an outfit for a specific occasion, it is essential to consider the shipping and processing times outlined in the product description to ensure you receive the items in time.
(C) Unexpected delays may occur in the manufacturing or shipping process. In such cases, Dissonance will contact you as soon as the Company is made aware of the delay. However, the Company is not responsible for any delays that could or have occurred and does not offer any refunds for delays.
Section 10: Custom Sizing and Custom Orders
(A) Dissonance offers custom-tailored sizing services on all lingerie, harness items, and sets for an additional fee of $20 USD, which will be invoiced to you after placing your order. To request custom sizing, include "Custom Sizing" in your order notes and email email@example.com.
(B) If you encounter any issues locating the notes section or need assistance, you will chat through the website portal or email Dissonance immediately.
(C) Dissonance offers personalized service for custom outfits to VIP clientele, including influential figures, clients with an order history of $1,500 USD value or higher, and professional film/video wardrobing. To inquire about a custom outfit, email firstname.lastname@example.org with the subject title "Custom Outfitz," along with a full description of your requirements, background, and sizing information to receive an accurate price quote.
Section 11: Limitation of Liability
(A) To the fullest extent permitted by applicable law, in no event shall Dissonance, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Dissonance has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
(B) Dissonance's total liability to you for all claims arising from or relating to the Service, the products, or these Terms of Service, whether in contract, tort, or otherwise, shall be limited to the amount you paid for the products or services giving rise to the claim during the twelve (12) months preceding the date the claim arose.
Section 12: Indemnification
(A) You agree to indemnify, defend, and hold harmless Dissonance, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your use of the Service or products; (b) your breach of these Terms of Service; (c) your violation of any third-party rights, including without limitation any intellectual property, privacy, or proprietary rights; or (d) your breach of any applicable laws, rules, or regulations.
(B) Dissonance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Dissonance in asserting any available defenses.
Section 13: Intellectual Property Rights
(A) All intellectual property rights in and to the Service, including but not limited to copyrights, trademarks, service marks, trade names, and logos, are the exclusive property of Dissonance or its licensors, and are protected by applicable laws and international treaties.
(B) You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or products, use of the Service or products, or access to the Service or products without the express written permission of Dissonance.
(C) You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service or products shall be the sole and exclusive property of Dissonance, and you hereby irrevocably assign to Dissonance all of your rights, title, and interest in and to such feedback, comments, or suggestions.
Section 15: Governing Law and Jurisdiction
(A) These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction in which Dissonance is registered and operates.
(B) You and Dissonance agree to submit to the exclusive jurisdiction of the courts of the jurisdiction in which Dissonance is registered and operates to resolve any legal matter arising from or relating to these Terms of Service, the Service, or the products. Notwithstanding this, you agree that Dissonance shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Section 16: Dispute Resolution
(A) If any dispute arises between you and Dissonance in connection with these Terms of Service, the Service, or the products, the parties shall first attempt to resolve the dispute through good faith negotiations.
(B) If the parties are unable to resolve the dispute through negotiation within thirty (30) days from the date the dispute was first notified in writing by one party to the other, either party may submit the dispute to binding arbitration administered by a recognized arbitration institution, under its rules, in the jurisdiction where Dissonance is registered and operates. The language of the arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
(C) Notwithstanding the foregoing, either party may seek interim or provisional relief, including injunctive relief, in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to preserve the status quo pending resolution of the dispute.
Section 17: Severability
(A) If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving its intent or, if that is not possible, severed from these Terms of Service.
(B) The remaining provisions of these Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law. The invalidity, unlawfulness, or unenforceability of any provision of these Terms of Service shall not affect the validity, lawfulness, or enforceability of any other provision of these Terms of Service.
Section 18: Waiver
(A) No failure or delay by Dissonance in exercising any right, power, or remedy under these Terms of Service shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of that right, power, or remedy or the exercise of any other right, power, or remedy.
(B) A waiver by Dissonance of any breach or default under these Terms of Service shall not constitute a waiver of any subsequent breach or default and shall not affect the other terms, conditions, or provisions of these Terms of Service.
Section 19: Assignment
(A) You may not assign, transfer, or sublicense your rights, obligations, or liabilities under these Terms of Service without the prior written consent of Dissonance. Any purported assignment or transfer in violation of this section shall be void.
(B) Dissonance may assign, transfer, or sublicense its rights, obligations, or liabilities under these Terms of Service without restriction and without notice to you. By using the Service or purchasing products, you expressly consent to such assignment, transfer, or sublicense.
Section 20: Force Majeure
(A) Dissonance shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service due to an event or circumstance beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, civil unrest, labor strikes, shortages or disruptions of raw materials or components, transportation disruptions, failure of public utilities, or any law, regulation, or government order (a "Force Majeure Event").
(B) If a Force Majeure Event occurs, Dissonance shall promptly notify you of the nature, expected duration, and likely impact of the Force Majeure Event on its ability to perform its obligations under these Terms of Service. Dissonance shall use its best efforts to minimize the impact of the Force Majeure Event and to resume performance of its obligations as soon as reasonably possible.
Section 21: Governing Law
(A) These Terms of Service, and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the jurisdiction in which Dissonance is registered and operates, without regard to its conflict of law principles.
(B) By using the Service or purchasing products, you expressly consent to the exclusive jurisdiction of the courts of the jurisdiction in which Dissonance is registered and operates for the resolution of any disputes or claims arising out of or in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims).
Section 22: Entire Agreement
(A) These Terms of Service, together with any documents expressly referred to in them, constitute the entire agreement and understanding between you and Dissonance concerning the subject matter hereof and supersede all previous agreements, understandings, negotiations, representations, and discussions between you and Dissonance, whether written or oral, relating to the same.
(B) You acknowledge that, in entering into these Terms of Service, you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set out in these Terms of Service.
(C) Nothing in this Section 22 shall limit or exclude any liability for fraud or fraudulent misrepresentation.
Section 23: Severability
(A) If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed severed from the remaining provisions, which shall continue in full force and effect, provided that the severed provision does not materially affect the original intent and purpose of these Terms of Service.
Section 24: Notices
(A) All notices, requests, consents, and other communications under these Terms of Service must be in writing and shall be deemed to have been duly given when delivered personally, by overnight courier service, or by electronic mail to the respective addresses of the parties as set forth in their contact information or as subsequently updated by written notice.
Section 25: No Third-Party Beneficiaries
(A) These Terms of Service are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Service.
Section 26: Relationship of the Parties
(A) Nothing in these Terms of Service shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Dissonance. Each party is an independent contractor with respect to the other party, and neither party has any authority to bind the other party in any respect whatsoever.
Section 27: Counterparts
(A) These Terms of Service may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed to be original signatures for all purposes.
Section 28: Survival
(A) The rights and obligations of the parties under these Terms of Service, which by their nature should survive, including but not limited to, any disclaimers, indemnities, limitations of liability, and dispute resolution provisions, shall remain in effect after the termination or expiration of these Terms of Service.
Section 29. Conclusion
These Terms of Service constitute the entire agreement between you and Dissonance Store LLC, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Dissonance Store LLC (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
By using the Dissonance Store LLC website, you acknowledge that you have read these Terms of Service in their entirety, understand them, and agree to be bound by them.