OVERVIEW

This website is operated by D’Xaatcheonii LLC. Throughout the site, the terms “we”, “us” and “our” refer to as D’Xaatcheonii  LLC, in which offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 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.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case will D’Xaatcheonii LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless D’Xaatcheonii LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

Questions about the Terms of Service should be sent to us at info@dxaatcheonii.com.

 

 

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Policy at a Glance: 

It takes 40-75 business days, not including holidays and weekends, (our business days are Monday - Friday, we are closed on weekends) considering that every item is custom made or made to order- we are a design house, not an online boutique. Custom orders that need more than time frame given will need additional business days due to an influx of orders, unless a rush order is placed for production. Custom designs, formals/evening wear or anything considered special occasion can take 7-11 business weeks or longer. All orders under 7 weeks may result in a rush order and fee may be added if applicable. Bridal dresses will take longer depending on the depth and details on the dress. Please understand that delays can happen in production; due to illness, natural disasters, and an array of things that affect us all. If there are delays in production we try our best to contact our customers and make them aware of those delays.

Please also note that production can increase based on the volume of orders that we have. When we are in increased production times, we update the production time in our policy. Mainly during prom season (January to June) of any year.

We at D’Xaatcheonii appreciate your business and thank you for your support.

Detailed Policy as it Relates to Additional Services and Products:

 

Production Time and Shipping

Please remember D’xaatcheonii is NOT massed produced- we make custom and bespoke (made- to - order) goods, even if it’s preorder. Our products are exclusive and can be made to your specifications by custom only. We have strict labor laws we must abide by due to the nature of our business. Production time and shipping time are listed below. Some preorders and ready-to-wear are available for purchase you’ll need to look at size chart to choose the best size for you measurements. Shipping times varies more information below.

 

RUSH ORDERS and overnight shipping are available, email @dxaatcheonii@gmail.com put order number and rush order in the subject to expedite your order or to modify your selection. During sales and promotions, such as preorders, items may take longer to process due to an influx of orders, again please contact us if you need your order expedited. If you place a rush order, there will be release forms that you must digitally complete before we can ship you your order. Also, a rush fee guarantees you your order by the WEAR DATE. If you order is delayed by Fed-ex, Ups USPS, you will have to address that issue with the courier- we cannot be held liable for delays and unforeseen circumstances that may delay your package. This typically happens with clients that stays around the outer parts of big city.  In addition; no refunds will be given for these unforeseen occurrences. Wear dates cannot be changed once a wear date is given- our time is very limited due to popularity of our products and services. In the case that we are not able to get your item to you by your specified wear date and the burden of proof falls on D’xaatcheonii and not the courier, ONLY the rush fee will be refunded due to material being ordered and production being started. Please note that overnight or expedited shipping is for ready-to-wear items not customs; In the case that your event date changes to a sooner date and you need your items sooner the price difference must be paid rather its rush fee or expedited/ overnight shipping and all else applicable. Tracking information will be given once item is shipped.  Insurance on shipping is available for purchase at the buyers expense.

Formal Wear and Custom Designs:

Due to the labor intensity of custom wear it can take 8 to 12 business weeks or longer to complete. If you need it before the listed timeframe please contact us @dxaatcheonii@gmail.com (refer to our rush orders policy above).

 

 Pickups:  Pickups are scheduled. You will be contacted via email for your fitting/pickup. If you do not pick up your order; partially paid orders will go back out on the floor after 45 days of completion and you will forfeit all retainer fees given towards the garment. Paid orders will be put to the side in the event you can’t come pick up the item(s) shipping will be offered to you for an additional charge paid by the buyer. We cannot be held responsible for merchandise that is not picked up in a timely manner; nor do we have the space to store your items. We will not assume responsibility for items that you have not made the time to pick up. If for any reason you cannot pick it up please inform us so that you can have it shipped as stated you will be responsible for the shipping costs. We will not ship custom items pickups for free.

Returns 

There are NO returns accepted due to customization of the garments this includes and it not limited to hand sewing, appliques, details,  hand placement of rhinestones, materials, shipping, labor cost etc. Also some clients have bodily odors that will ruin the dress and it can’t be resold, other factors such as, Covid-19, monkey pox and other pandemic illnesses plays a factor in the result. I do not allow try on for ready-to-wear items. No you cannot put it on to see if it looks right on you no exceptions will be made for no one.  If you know you want it pay for it in full and then you can out it on. Measurements are taken by designer (for local personnel only) to insure you can fit ready-to-wear items in the guidelines needed alterations may be needed and will result in additional charges. 

 

Please Note: In the event you received store credit. All store credit must be used within 60 days in order to be valid. 

Customs

All custom designs are non-refundable. No store credits or exchanges on custom designs. CUSTOM DESIGNS ARE FINAL SALE- NO EXCEPTIONS! We are not responsible to alter or modify designs that do not fit correctly if you do not provide us with accurate measurements or size (bust, waist, hip, etc). Check measurement chart pictures and/or videos are given for reference.

Due to the customization of our products we reserve the right to use a fabrication or print that is similar in nature in the instance that we are out of a particular fabric. Please be assured that we go through great lengths to purchase only the highest quality fabrics and trims. If another fabric has to be used it will be comparable to the original fabrication, print, or design. Once an order is placed, you cannot cancel it for any reason! We strictly enforce this policy. Considering the customization of our garments, if your order does not fit properly please have it altered at a local alteration shop. If you are unable to find someone to alter it, please let us now and we will find someone for you. If you do not send us the correct measurements according to your body we cannot be held responsible if it doesn't fit properly. If so materials and fabric take to everyone differently and alteration may or may not be needed. It is important for you to have your measurements taken professionally and if you have questions you may contact us to make sure the correct measurements are taken. Please you do not take measurements yourself. Have someone help you or go to a professional. If it’s too big you are responsible to have it taken up, considering we do not have you present to have a proper fitting. Local clients will have fittings prior to scheduled pickup date. To help us insure proper fit for your garment, please be honest with us about your size. Of course if you can offer accurate measurements, we can ensure a better fit. Once measurements are taken you are to stay that size. We are not responsible for improper fit due to weight gain or weight loss. All alterations cost are at the expense of the buyer.

 

DEFECTIVE GARMENTS

If you have received an item that is defective or damaged due to designer please make it known within  48 hours of receiving item(s) we will come up with a solution that fits both parties. In the case you don’t not give us time to fix this error and dispute charges made to us. We will take legal action. If item(s) are damaged in transit you must contact us within 2 business days so that we can contact the courier and make them aware of the situation. However, we, D’xaatcheonii is not responsible for items that are defected in transit or left in extreme heat which may cause distortion on some heat sensitive items. Nor stolen items, rather it’s by courier or in process to be delivered or delivered to you. Signature Confirmation is required on all items Sent by D’xaatcheonii.

 

Shipping and Tracking:

Orders take 3 - 5 business days to be processed and then it goes into production. When it is out of production, has passed quality control, and is cleared to ship, you will receive a tracking number via email. We are not responsible for packages once we ship; we insure all of our packages. With this said, we are not responsible for packages that are delayed due to the courier. If we ship the package in time for it to make it to you by the date you stated and it does not make it due to the courier, we are not responsible. This becomes an issue with the courier. We are not responsible for packages that are lost due to the courier or stolen from your residence after it is delivered. Shipping or transaction refunds will not be given for shipping delays caused by inclement weather, package refusal, natural disasters, hazardous conditions, and/or incomplete or incorrect delivery address.

INCLEMENT WEATHER:

D’xaatcheonii cannot be held liable or give refunds for damages and/ or unexpected delays that occur after your order has been processed or shipped. This includes delays due natural disasters such as, wildfires, tornadoes, no delivery of mail due to heat advisory, tornadoes, hurricanes floods and other inclement weather. If there are hazardous conditions that can potentially put our staff in harm’s way due to dangerous road conditions or natural disasters we will be closed due to safety concerns. We are not required or liable to give refunds due to inclement weather or natural disasters. We do not have control over severe weather or natural disasters.

 

Cancellation of orders: 

There are no cancellations on orders once material is ordered which is usually right after retainer fee of 50% is paid. In the case the designer cancels your order you will receive you retainer fee back.

CHARGEBACK POLICY

PLEASE READ CAREFULLY

At D’xaatcheonii we do not tolerate credit card fraud. No expense will be spared and all fraud without exception will be prosecuted to the full extent of the law- this includes buyer remorse, fit issues, shipping delays, etc. We are always willing to assist customers in any way that we can within our policy.

In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues. Any chargebacks of received or shipped items will also result in it being reported to credit reporting bureaus for the retail value plus any losses, fees, etc., as stated above.

D’xaatcheonii also considers credit card chargebacks or Google Checkout disputes to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the matter. As it is known and stated on our website that we are NOT a boutique. Customer understands that if a chargeback is placed while a garment is in production, whether you have received it or not that you will still be prosecuted to the fullest extent of the law because monies have been spent on the materials, supplies, production cost and labor of producing your order.

All frivolous chargebacks not only costs our employees time away from our usual and customary matters of conducting normal business, but costs us money, therefore:

YOU the buyer AGREE that if you choose to do business with D’xaatcheonii LLC, and file a dispute/claim or chargeback with your credit card company or bank for a situation that contradicts our terms & conditions which you agree to when placing your order OR have not allotted us sufficient time to acknowledge, confirm, and research the situation; and as of any result, you do not win the chargeback argument or dispute/claim you agree to pay us $500.00 for our time responding to the matter. You authorize us to charge this amount to your credit card. If this charge is rejected, D’xaatchenoii LLC, Will peruse legal action to recoup losses for our time associated with responding to the chargeback and or dispute/claim in addition to any other fees explained below.

In the event that you win the chargeback with your credit card company, and we have not received our merchandise back, this will be deemed as theft of goods. In the event we receive the goods back and they are damaged other than what was made known about the item or the item was worn. Dxaatcheonii will attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the merchandise as settlement for the debt and will only accept payment in full.

CEASE AND DESIST

Client understands and is hereby notified that once a chargeback, dispute/claim or legal action is taken; all communication where it be via email, social media, and telephone, Internet, or U.S. mail with D’xaatchenoii will cease and desist.