Terms and Conditions

JDD Terms and Conditions

OVERVIEW
 
This website is operated by Janay Deann Designs . Throughout the site, the terms "JDD" “we”, “us” and “our” refer 
 
to Janay Deann Designs and Janay Deann Designs Rentals. JDD 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.
 
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 
 
of residence, or that you are the age of majority in your state 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 – RENTAL OR SALE OF PRODUCTS
 
JDD include the rental and sale of Products. This Section 6 sets out terms and conditions that apply to your 
 
rental or purchase of any product from JDD.
 
Limits. You acknowledge and agree that we may place limits on the rental or purchase of products, including 
 
restricting orders placed under a single customer account, payment card or billing or shipping address. We 
 
reserve the right to limit, cancel or prohibit any rentals or sales of products for any reason, including availability 
 
concerns.
 
Delivery. All deliveries will be through JDD’s shipping partners, which may change from time to time at JDD’s 
 
discretion. The shipping method used will be at the discretion of JDD.
 
Collections. If you do not pay the amounts you owe to JDD when due, JDD may institute collection procedures. 
 
You agree to pay JDD’s costs of collection, including reasonable attorneys' fees.
 
The following additional conditions apply to the rental of any product.
 
Rental Fee. The rental fee (“Rental Fee”) for the product will be the total of the rental fee, insurance charges and 
 
delivery charges listed on JDD for your rental of the product. When you place your rental order for a product, 
 
you hereby authorize JDD to charge your payment card for the Rental Fee. JDD will charge your payment card 
 
the amount of the Rental Fee immediately upon your rental order. A reservation of a product on the website is 
 
an order for the rental of that product, regardless of how far in advance that product is reserved. In addition, at 
 
the time of your rental order for a product, you hereby authorize JDD to charge your payment card for an 
 
amount equal to 110% of the original retail value of the product (when new), or the market value of the 
 
product, as determined in the sole discretion of JDD, plus applicable sales taxes. Rental Fees exclude all federal, 
 
state and local taxes, goods and services tax, fees, customs, duties, levies and other governmental assessments, 
 
all of which shall be paid by you directly or, if paid by JDD, shall be paid by you to JDD in connection with your 
 
rental order. 
 
Returning your rental to JDD. You are to return your JDD rental within one week at your expense and provide JDD with

a tracking number via email.  Please see the bottom of your rental page for more specific details of how to handle this

or email us at janaydeanndesigns@gmail.com for further instructions. However, emailing us may delay your return which 

may result in late fees.  

Receipt of the Products. Upon delivery, you bear responsibility for the product(s). You acknowledge that a 
 
Secure Shipping Address is highly recommended. A Secure Shipping Address means a location where an 
 
individual can physically receive product(s). In the event that an unsecure shipping address is provided, JDD 
 
does not bear liability for products left unattended. Furthermore, you acknowledge that providing anything 
 
other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which JDD 
 
will not be liable. You will be liable for all such delays and additional delivery fees.
 
Use of the Products. You agree to treat the products with great care. JDD’s products are meant to be used/worn 
 
in limited capacity such as photo shoots, weddings, special events, etc. You are responsible for loss, destruction 
 
or damage to the products due to theft, mysterious disappearance, fire, major stains (including, but not limited

to tanning stains, etc.) or any other cause, other than normal wear and tear. Normal wear and tear encompasses

minor stains, rips, missing beads, stuck zippers 
 
or other minor damage. If you return a product that is damaged beyond normal wear and tear, you agree that 
 
we shall charge you, and you shall pay, for the price for repairing or replacing the product, as determined in our 
 
discretion, up to 110% of the retail value or market value for the product.
 
Return of the Products; Extensions. You agree to return the products to JDD in the Return Packaging on or 
 
before the return date for the products that are identified in the invoice for your order. You may extend your 
 
order for a product by sending an email to janaydeanndesigns@gmail.com; provided that any extensions are 
 
subject to other orders for that product and to pre-payment of the additional Rental Fee applicable to that 
 
product for the period of time of the extension. You must return the product by delivering the product in the 

to a postal located in the United States.
 
Late Fees. If you return the products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the 
 
payment card you used to pay the Rental Fee or to any other payment card included in your account 
 
information that you have provided to JDD for every day that you are late returning the products, and you agree 
 
to pay such late fees, up to an amount not to exceed 110% of the retail value or market value, as determined in 
 
our discretion, plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of products 
 
that is not returned when due, not for each product that is the subject of the order that is late. If you have not 
 
returned a product within twenty (10) days after the return date for the product, your late return will be 
 
considered a non-return and JDD will charge your payment card the maximum late fee set forth in this Section 
 
2(B), less any late fees that you have already paid, plus applicable sales tax.
 
Payment of 110% Retail Value or Market Value. JDD will not charge you for more than an amount equal to 110% 
 
of the retail value or market value plus the Rental Fee, in the aggregate, for any charges arising under this 
 
Section 2(B), excluding collection costs. If you pay ATC an amount equal to 110% of the retail value or market 
 
value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS 
 
IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply 
 
to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you 
 
pursuant to this Section 2(B).
 
Limited Warranties. The following are the limited warranties JDD provides in connection with Product rentals. 
 
JDD’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product 
 
conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by JDD. 
 
Correct Products. We will deliver the Products you ordered, including the specified size, color and design, on or 
 
before the delivery date for which you ordered them, except in the rare event that the Product is damaged 
 
beyond repair or is otherwise unavailable. In such event, we will use reasonable efforts to notify you that the 
 
Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to 
 
replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send 
 
you a replacement product of the same or greater value. Products may appear different in color and style than 
 
as displayed on the Site or other electronic medium.
 
Clean and Ready to Wear. The Products will be cleaned and delivered ready to wear. JDD dry cleans and/or hand 
 
washes and inspects each Product with the utmost care, but use of the Product is at your own risk and JDD shall 
 
not be held liable for any health-related complaints associated with any Product.
 
Condition. Items will be brand new, like new, excellent used condition, or very good used condition. They will 
 
not have flaws that are noticeable when photographed or worn.
 
SECTION 7 - 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 8 - 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 9 - 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 10 - 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 11 - PERSONAL INFORMATION
 
Your submission of personal information through the store is governed by our Privacy Policy. JDD will never 
 
sell or rent your personal information to any party.
 
SECTION 12 - 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 13 - 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 14 - 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 shall Janay Deann Designs, 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 15 - INDEMNIFICATION
 
You agree to indemnify, defend and hold harmless Janay Deann Designs 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 16 - 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 17 - 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 18 - 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 19 - 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 St. Louis, MO, United States.
 
SECTION 20 - 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.
 
SECTION 21 - CONTACT INFORMATION
 
Questions about the Terms of Service should be sent to us at janaydeanndesigns@gmail.com.