PLEASE NOTE: THESE TERMS OF USE CONTAIN MUTUAL DISPUTE RESOLUTION PROVISIONS THAT INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THEY AFFECT HOW DISPUTES WITH DVNE LLC ARE RESOLVED. YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THE DISPUTE RESOLUTION PROVISIONS CAREFULLY.

Terms of Use

Please carefully read the following Terms of Use before using the www.dvnefashionhouse.com website (the “Site”). By accessing and using this Site, or otherwise agreeing to these Terms of Use, you agree to be bound by them. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site.

This Site is operated by DVNE LLC (“DVNE Fashion House”). Throughout the Site, the terms “we,” “us,” and “our” refer to DVNE Fashion House. DVNE Fashion House offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.

Accuracy, Completeness, and Timeliness of Information on This Site

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 is not necessarily 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 the Site. You agree that it is your responsibility to monitor changes to the Site.

Orders, Prohibition on Reselling, and Price

The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in US dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

DVNE LLC Bulk Buy Policy

DVNE LLC has enacted this Bulk Buy Policy in order to (i) ensure a consistent customer shopping experience across its retail stores and platforms, (ii) enhance customer satisfaction by taking steps to ensure availability of products for all customers, (iii) prevent the unauthorized resale of our products resulting from purchase from our stores and platforms, and (iv) protect our consumers and brand equity. The sale of products at our stores and platforms is subject to availability and our discretion in managing inventory. DVNE LLC reserves the right to limit any purchase.

The sale of products at any of our stores and platforms is intended for individual purchase only. The purchase of merchandise at our stores and platforms for purposes of resale to any third party is strictly prohibited.

If DVNE LLC determines that a purchase may be intended for resale, DVNE LLC reserves the right, in its sole discretion, to take reasonable action to hinder such purchase and/or deter future purchases, including without limitation, to refuse or restrict sales to any consumer, enforce and/or impose additional purchase quantity limits, and deny access to any store.

Further, DVNE LLC more generally reserves the right to refuse sales to customers and to limit the quantity of items that can be purchased per person, household, or transaction in our sole discretion at any time and we may request to review and/or verify additional information before any purchase.

DVNE LLC may update, amend, modify, or suspend this policy at any time. Any questions relating to this Bulk Buy Policy can be directed to dvnebusiness@dvnefashionhouse.com.

Product Information

Select product can be found in our full price stores in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.

Use of Material on the Site

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by DVNE LLC, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to DVNE LLC, is expressly prohibited. DVNE LLC reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site, or prohibit any person from using this Site for any reason whatsoever. DVNE LLC, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in DVNE LLC sole discretion. DVNE LLC neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with DVNE LLC.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. DVNE LLC reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which DVNE LLC may be entitled, at law or in equity.

Material You Submit

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant DVNE LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You grant DVNE LLC and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify DVNE LLC for all claims resulting from content you supply.

Conduct on the Site

Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site, you agree to provide true, accurate, current, and complete information about yourself.

Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify DVNE LLC immediately. DVNE LLC may assume that any communications DVNE LLC receives under your password have been made by you unless DVNE LLC receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, “DVNE LLC,” and “DVNE Fashion House”. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without DVNE LLC express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without DVNE LLC express written consent.

Links

This Site may contain links to other websites, some of which are operated by DVNE LLC or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked Sites. DVNE LLC is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.

Trademarks and Copyrights

Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of DVNE LLC, their licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. DVNE LLC reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Infringement Notice

We respect the intellectual property rights of others and request that you do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our Legal Department, who can be reached by email at: dvnebusiness@dvnefashionhouse.com

In order for us to more effectively assist you, the notification must include ALL of the following:

1.        A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;

2.        A description of the copyrighted work you claim has been infringed;

3.        Information reasonably sufficient to locate the material in question on the Site;

4.        Your name, address, telephone number, email address, and all other information reasonably sufficient to permit DVNE LLC to contact you;

5.        A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.        A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

DVNE LLC is under no obligation to post, forward, transmit, distribute, or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. DVNE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DVNE LLC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. DVNE LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DVNE LLC NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, DVNE LLC REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DVNE LLC, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER DVNE LLC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DVNE LLC IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND DVNE LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless DVNE LLC and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. DVNE LLC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DVNE LLC in the defense of such matter.

Applicable Law

The laws of the State of Missouri govern these Terms of Use and your use of the Site. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Missouri and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Disputes

UNLESS OTHERWISE PROHIBITED BY LAW, YOU MUST PROVIDE NOTICE TO DVNE LLC, PURSUANT TO THE PROCEDURES SET FORTH IN THIS AGREEMENT, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.

For purposes of the dispute resolution provisions in these Terms of Use, “DVNE LLC” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns. DVNE LLC and you agree arbitrate all disputes and claims between you and DVNE LLC, except for claims arising from bodily injury or death (“Dispute”). Dispute shall be broadly interpreted and shall include but not be limited to: (1) claims arising out of or relating to any aspect of the relationship between you and DVNE LLC, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory; (2) claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising; (3) claims for mental or emotional distress or injury not arising out of bodily injury; (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) claims that may arise after the termination of this Agreement. Notwithstanding the foregoing, either party may elect to have a Dispute heard in small claims court, which shall seek only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This election may be made at any time prior to the appointment of an arbitrator. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In addition, each party retains the right to bring issues to the attention of any federal, state, or local government agencies.

This agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, and federal arbitration law apply and govern the interpretation and enforcement of the dispute resolution provisions in these Terms of Use. The dispute resolution provisions shall survive termination of the Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Commencing Disputes

Prior to commencing an arbitration proceeding, you must first send a describing your claim to our registered agent REGISTERED AGENTS INC., 117 South Lexington Street Ste 100 Harrisonville, MO 64701with a copy sent by email to dvnebusiness@dvnefashionhouse.com Notice”). The Notice must include your name, address, telephone number, email address, sufficient information for DVNE LLC to identify any transaction at issue; and a detailed description of (1) your Dispute, (2) the nature and basis of your claims, and (3) the nature and basis of the relief sought. You must personally sign the letter. You and DVNE LLC agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference should DVNE LLC request one. You must personally appear at and participate in the telephone conference (if you are represented by counsel, your counsel may also participate). This process should lead to resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you may commence an arbitration. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any arbitration unless the claimant has complied with the Notice and informal dispute resolution process.

Arbitrations shall be administered by the American Arbitration Association (“AAA”), pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when a party commences an arbitration proceeding with AAA. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). The party initiating the arbitration proceeding may open a case with the AAA by visiting its website or calling its toll-free number. You may deliver any required or desired notice to DVNE LLC by mail to our registered agent REGISTERED

AGENTS INC., 117 South Lexington Street Ste 100 Harrisonville, MO 64701, with a copy sent by email to dvnebusiness@dvnefashionhouse.com. If there is a conflict between these dispute resolution provisions and the AAA Rules, these dispute resolution provisions shall govern. If AAA will not administer a proceeding under these dispute resolution provisions as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under these dispute resolution provisions as written.

Payment of filing and other fees shall be governed by the AAA Rules. If the arbitrator finds that either the substance of a claim, counterclaim, or relief sought in connection with the arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), either party will have the right to recover its arbitration fees and expenses. In addressing its determination, the arbitrator may consider, among other things, whether a party previously offered full relief to the other party, including, but not limited to, a full refund of the sum paid for items purchased. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator.

Each of us may incur attorneys’ fees during the arbitration. Each of us will bear our own attorneys’ fees, except in the following circumstances. If applicable law permits a prevailing party to recover attorneys’ fees, the prevailing party may seek fees as applicable law permits.

The Arbitration

The arbitration will be conducted by one neutral arbitrator selected with the participation and involvement of both parties pursuant to the AAARules.

if your claim is for $10,000 or less, you may elect that the dispute be resolved without an oral hearing, unless the arbitrator requests otherwise. Notwithstanding the forgoing, if requested by DVNE LLC, you agree to personally appear (along with your counsel if you are represented) at an individualized telephone conference with a case manager before an arbitrator is appointed. Any in-person shall take place in the location of your county of residence

The arbitrator is bound by the terms of this Agreement as a court would be. All issues are for the arbitrator to decide, except for specific issues otherwise provided elsewhere in these dispute resolution provisions and issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration, which shall be for the court to decide. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the Parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.

Class Action Waiver; No Consolidation of Arbitral Claims

The parties agree that the arbitrator may award the same damages and relief (including declaratory or injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding or order DVNE LLC to pay any monies to or take any actions with respect to persons other than you, unless DVNE LLC explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF). UNLESS BOTH YOU AND DVNE LLC OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

This class action and collective relief waiver is an essential part of this arbitration agreement and, if it is deemed invalid or unenforceable with respect to a particular claim or request for relief, neither you nor DVNE LLC is entitled to arbitration of such claim or request for relief. Notwithstanding the foregoing, if after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable as to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.

Additional Procedures for Mass Arbitration

If 25 or more individuals submit Notices or attempt to initiate arbitrations with DVNE LLC raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated for these individuals (“Mass Claims”), you and DVNE LLC agree that if the claims are not resolved and proceed to arbitration, they shall proceed in staged bellwether proceedings. You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for DVNE LLC shall each select ten cases (per side) to be filed in and proceed in arbitration in a bellwether proceeding to be resolved individually. Each case shall be assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage bellwether proceeding, each side may select another ten cases (per side) to be filed in and proceed in arbitration in a second bellwether proceeding to be resolved individually. Each case shall be assigned to a separate arbitrator. This process shall continue until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these mass arbitration procedures apply to a claimant’s Notice, any statute of limitations applicable to the claims set forth in that Notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.

Notwithstanding any provision in these Terms of Use to the contrary, if DVNE LLC makes any future changes to these dispute resolution provisions of these Terms of Use (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change by email to dvnebusiness@dvnefashionhouse.com. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of these dispute resolution provisions.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial to the fullest extent permitted by law and we each irrevocably consent to the exclusive jurisdiction of the courts located in Lincoln County, Missouri.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. You will have been deemed to have accepted any changes by, among other things, your continued access or use of this Site following the posting of changes to these Terms of Use or other policies.

In the event we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this website and the revised Terms of Use will take effect 30 days after their publication on this Site.

No waiver of any of the provisions of these Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other provision of these Terms of Use.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and DVNE LLC with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

Except as otherwise provided herein, if any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.

How to Contact Us

If you have questions or comments about these Terms of Use or this Site, please reach out to DVNE LLC via email: dvnebusiness@dvnefashionhouse.com

DVNE LLC and its affiliates (collectively, “DVNE Fashion House”) respect your concerns about privacy. This Privacy Notice (“Notice”) applies when you: 

• visit our website located at www.dvnefashionhouse.com and any other websites, pages, features or content that links to this Notice (the “Sites”);  

• otherwise engage our products or services that links to this Notice (collectively, the “Services”). 

This Notice describes the types of personal information we collect through our Services, how we may use that information, with whom we may share it and your rights and choices available regarding our use of the information. The Notice also describes the measures we take to protect the security of personal information and how to contact us about our privacy practices.

This Notice may be updated from time to time without prior notice. Accordingly, you should check the date of this Notice (which appears at the top of this page) and review any changes since the last version. If we make a change to this Notice that we believe materially affects how we process your personal information or reduce your rights, we will provide you with advanced notice via email, through push notification, or by posting a prominent notice on our Sites. Unless otherwise required by law, your continued use of the Services following any modifications demonstrates you have read and accept such changes. If at any time you do not agree to the terms of this Notice, please immediately discontinue access or use of our Services.

Table of Contents

1.           PERSONAL INFORMATION WE COLLECT

2.          COOKIES AND SIMILAR TRACKING TECHNOLOGIES 

3.           HOW WE USE YOUR PERSONAL INFORMATION

4.           SHARING YOUR PERSONAL INFORMATION

5.           CHILDREN’S PRIVACY

6.           SECURITY

7.           HOW LONG WE KEEP YOUR PERSONAL INFORMATION

8.           YOUR CHOICES AND RIGHTS

9.           CALIFORNIA RESIDENTS: NOTICE AT COLLECTION

10.        LINKS TO OTHER SITES

11.        HOW TO CONTACT US

1. PERSONAL INFORMATION WE COLLECT

We collect certain personal information about you and your use of our Services, including when you visit and interact with our Sites and Apps, or when you visit and make a purchase in our Stores. Personal information is any information that relates to you, identifies you personally, or could be used to identify you. The personal information that we collect generally falls into three primary categories: (1) information you voluntarily provide to us; (2) information we collect from you automatically; and (3) information we collect from third parties. 

When You Interact with Our Sites and Apps

Information You Voluntarily Provide to Us. We, or service providers that assist us in providing, maintaining, and operating our Sites and Apps, may collect the following types of personal information from you:

• Online Shopping. You may be able to browse and purchase DVNE LLC products and gift cards through our Services. We may provide you some shopping features or functionality, such as the option to reserve items in your cart or favorite certain items. Utilizing such features are optional and often require the collection and use of information such as your shopping habits, product selections, and other tracking information. To process your purchase, we ask for information such as your name, billing and shipping address, telephone number, email address, and payment card information. We use this information to process your purchase, confirm your order, and deliver the items to you. We also may use your contact information to communicate with you about our products, services, and promotions.

  1. If you purchase an item or gift card through our Services or ask us to deliver your purchase to someone else, we ask for the recipient’s name, postal address, and email address. We use this information to send the gift card or item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.

• Account Registration and Management:You may be able to register to create an account through our Services. To do so, we ask for information such as your name and email address. You also may provide your age and gender. Through the “My Account” feature, you can store billing and shipping information, so you will not have to enter it again when you make another purchase through our Services. You also can store credit card information and details of your past purchases. To use this feature, we ask you to provide your credit card information and the corresponding billing address.

  1. You can also use the “My Account” feature to create a wish list of products you want and share your list by email with friends and family. If you choose to share your list, we ask for your name and email address and the recipient’s email address. This information is used to email your list to your desired recipients pursuant to your request.

  2. You can create and save an address book on your account, you also can delete entries in the address book. 

• Surveys, Sweepstakes, and Promotions: You may be able to participate in surveys, sweepstakes, and other promotions through our Services. If you choose to participate in these promotions, we may ask you for information such as your name, email address, postal address, and telephone number. We use the information you provide to administer our contests, sweepstakes and other promotions. We also may use the information to communicate with you about our products, services, and other promotions. 

• Electronic Newsletters: You may be able to sign up through the Services to receive electronic newsletters and promotional emails from DVNE LLC, including new ideas, special offers and event information. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, age, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events at Stores located near you, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails. You also may use the email preferences section of the “My Account” feature to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. There is no charge to you to unsubscribe.

• Mobile Marketing: You may be able to sign up to receive communications about our products and services through your mobile device by submitting your mobile telephone number online or by texting us. If you sign up for mobile communications, we may send you autodialed marketing text messages about our products, services and promotions. It is your responsibility to notify DVNE LLC in the event that you disconnect your mobile number or change carriers.  For information about how you can opt out of receiving text message communications, please follow the instructions in the "Your Choices" section below.  

• Blogs: You may be able to submit comments to blogs we host on our Services. You may include personal information in your comment, and you also may submit your name with your comment. We use your name to identify you as a commenter.

• Email to a Friend: You may be able to share certain content from our Services with your friends. To send information to your friends, we ask for your friends’ and your email addresses. We do not retain the information you provide in connection with this feature, except to send the requested content. We will not include any other advertisements within the messages sent to your friends.

• Contact Us: If you communicate with us through the “Contact Us” page in any of the Services, we may ask you for information such as your name, email address, ZIP code, and telephone number to respond to and communicate with you about your questions and comments.

• Other Site Features: We offer our Services to visitors using various features for their information and enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we can provide you with these features and send you communications about our products, services, and promotions.

Information We Automatically Collect. To the extent permitted under the applicable law, we may collect certain types of information automatically, such as whenever you interact with our Sites and Apps. We may collect the following types of information automatically from you:

• Usage Data. When you browse our Sites, we automatically collect log data such as your web request, Internet Protocol (“IP”) address, browser type, domain names, referring and exit pages and URLs, pages viewed and the order of these page views, the date and time you access our servers, and other diagnostic data. 

• Device Information. When you use your desktop or mobile devices to access our Sites and Apps, we may be able to identify your device’s unique device identifier, MAC address, operating system, and your mobile device’s advertising ID. 

• Location Information. When you use our Sites and Apps, we may infer the generic physical location and geographic regions of your device from your WiFi, Bluetooth and other device settings. For example, your IP address may indicate your general geographic region. You may choose not to share your location details with us by adjusting your mobile or desktop device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

• Aggregate and Analytic Data. We may also combine the information we collect among our Services and across your devices for analytic, security and fraud prevention purposes. For example, we use algorithms that analyze your account status and payment information to detect the unsafe and unsecured payment. We may also use analytic data to assess your account security and provide you suggestion for improvement.

Information We Collect from Third Parties. From time to time, we may obtain information about you from third party sources as required or permitted by law. These sources may include:

• Social Media: We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the third-party website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on our Services and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.

When You Visit Our Stores

Our products are available for sale in many department stores and through other retailers. This Notice does not address the information practices of third-party stores in which our products are sold. Those stores may have their own privacy notices or policies, which we strongly suggest you review when you provide them with your personal information. We are not responsible for such stores’ personal information practices.

Information You Voluntarily Provide to Us. Here are some of the ways we collect personal information from you in our Stores and a description of how we use the information:

1. Shopping: When you buy products or obtain services in our Stores, we ask you for information we need to process your purchase or provide you with the services you requested. Depending on the payment method you use, and as permitted by applicable law, we may ask for information such as your name, mailing address, telephone number, driver’s license or ID number, passport number, and checking account information or payment card information. We also collect information about your purchase (such as the items you bought, the price of the items, the payment method you used, and if the product was on sale) to provide our products and services and communicate with you.

2. Customer Registry: You may join our Customer Registry at our Stores. To join, we ask for your name, postal address, email address, and mobile and home telephone numbers. You also may choose to provide us with your birth date and gender. We use this information to communicate with you about our products, services and promotions, and for other marketing and Customer Assistance purposes.

3. Customer Satisfaction Surveys: When you buy products or obtain services in our Stores, we may ask you to complete a customer satisfaction survey. In submitting a survey, you may provide information such as your name, email address, telephone number, age, gender, and other demographic information, in addition to your comments. Providing any of this information is optional. We use the information you provide to improve our products and services, and enhance your shopping experience.

4. QR Codes: We use QR codes in connection with certain promotions, contests, and special events. If you scan our QR code, you will get an invitation on your mobile device to join our mailing list. To sign up, we ask you for information such as your name, mailing address, email address, telephone numbers, and age. We use the information to communicate with you about our products, services, and promotions.

5. Customer Assistance: You may call our Customer Assistance line for information about our products or personal shopping advice. If you do so, we may ask you for information such as your name, email address, postal address, telephone number, and, if you choose to make a purchase, your payment card information. We use this information to respond to your request and process your transaction.

Information We Automatically Collect. To the extent permitted under the applicable law, we may collect certain types of personal information automatically when you visit one of our Stores:

1. CCTV: We may use closed-circuit television, video recordings, photography, and/or similar technology to monitor our stores for security, fraud, loss prevention, incident reporting, and operational purposes. We may also collect and aggregate data from video recordings and photographs for a variety of purposes, including to track and analyze how individuals move through the store, analyze trends, make changes to the layout, and optimize visitor experience.

2. In-Store Wi-Fi Data Collection: In certain Stores, we use a service that analyzes Wi-Fi signals from mobile devices to measure Store occupancy and to identify customer traffic patterns in the Store. The service determines the location of a smartphone or wireless device by observing Wi-Fi or Bluetooth signals that are broadcast from that device. Individual devices are identified by device identifiers. For the service to collect information from your device, the device’s Wi-Fi must be turned on while you are in the Store. The service provider that collects information from mobile devices in our Stores hashes the device identifiers before using them for analysis purposes. The service provider’s reports to us contain only aggregated statistics about visitors to the Store.

2. COOKIES AND SIMILAR TRACKING TECHNOLOGIES

We obtain certain personal information by automated means when you visit our websites, such as through cookies, web beacons, and web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the internet, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, dates and times of website visits, and the pages accessed. By collecting this information, we learn how to best tailor our websites to our visitors and understand what products and services you might prefer. Both we and others (such as our service providers) may collect personal information about our visitors’ online activities over time and across third-party websites.

Like many companies, we use “cookies” on our websites. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. We use cookies, for example, to preserve the contents of your virtual shopping bag between visits. We also use cookies to measure activity on the site and determine which areas and features of our websites are the most popular.

Certain pages on our websites and emails we send you contain “web beacons” (also known as internet tags, pixel tags, and clear GIFs). Web beacons are used, for example, to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of our email communications and learn what pages our visitors viewed.

We use information collected through these automated means for purposes such as (a) customizing our users’ visits to our websites, (b) delivering content and advertisements tailored to our users’ interests and the manner in which our users browse our websites, and (c) managing our websites and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.

Analytics. We also may use third-party web analytics services, such as those of Adobe Analytics and Google Analytics, to measure the effectiveness of our advertising and determine how visitors use our websites. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and ZIP code from which our visitors come and the IP addresses of our visitors’ computers. To learn about data collected by Adobe Analytics and Google Analytics and your choices with respect to these services, please click here and here.

Interest-Based Advertising

We may collect information about your online activities on our websites to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites and apps on which our ads are served. This section of our Privacy Notice provides details and explains how to exercise your choices.

You may see certain ads on other websites and apps because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites and apps by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites and apps that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place both on our websites and on third-party websites and apps that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, 

Managing Cookies. You have the right to decide whether to accept cookies. If you do not want us to deploy cookies in your browser, you may exercise your preference through our cookie preferences manager or by modifying your web browser setting to either refuse some or all cookies or notify you and ask for your permission when a website tries to set a cookie. If you want to learn the correct way to modify your browser settings, please use the “Help,” “Tools” or “Edit” menu in your browser or review the instructions provided by the following browsers: Internet Explorer, Google Chrome, Mozilla Firefox, Safari Desktop, Safari Mobile; and Android browser. If you choose to disable cookies in your browser, you can still use our Services, although your ability to use some of the features may be affected. If you want to exercise your rights regarding personal information collected via cookies and similar tracking technologies, please see below or  the “Your Choices and Rights” section below.

Website Interest-Based Advertising. To learn how to opt out of ad network interest-based advertising generally in the U.S., please visit both www.aboutads.info/choices  and http://www.networkadvertising.org/choices/.   Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1. 

3. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information as described in this Notice for business and commercial purposes, or as disclosed to you prior to such processing taking place. We may process your personal information: 

• To Provide DVNE LLC Services. We will use your personal information to provide information or perform Services that you request, including managing your request as a registered user of our Sites and Apps, or a customer in our Stores and Restaurants. 

• To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, and to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.

• To Enforce Compliance with Our Terms, Agreements and Policies. When you access or use our Services, you are bound to our Terms. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. Subject to the applicable law, we may also process your personal information to investigate, prevent or mitigate violations of our internal terms, agreements or policies and enforce our agreements with third parties and business partners. 

• To Detect and Prevent Fraud and Security Risks. We may process your personal information to help monitor, prevent and detect fraud and abusive use of our Service, monitor and verify your identity so that unauthorized users do not gain access to your information, enhance system security, and combat spam, malware, malicious activities or other security risks that might result in financial loss.

• To Provide Customer Support or Respond to You. We collect any information that you provide to us when you contact us. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.

• To Provide You with Service-Related Communications. We will send you administrative or account-related information to keep you updated about your account and the Services. Such communications may include information about Notice updates, confirmations of your account actions or transactions, security updates or tips or other relevant transaction-related information. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise you may miss important developments relating to your account or the Services.

• To Provide Marketing Communication (e.g., SMS, Email). We may collect your email address, phone number or other electronic addresses that you voluntarily provide to us when you choose to participate in our promoting activities or subscribe for marketing communications. When you no longer wish to receive these marketing messages from us, you can opt out at any time by unsubscribing or following the instructions contained within such messages. We may also collect and use your mobile advertising identifiers for the purpose of marketing campaigns. Please see our Cookies and Other Similar Tracking Technologies section for more information.

• To Research and Develop of Our Services. We may process your personal information and derive analytical and statistical data to better understand the way you use and interact with our Services. For instance, analyzing where, on which types of devices and how our Site is used, how many visitors we receive, and where they click on the Site may help us improve our existing Services and to build new Services. Please see our Cookies and Other Similar Tracking Technologies section for more information.

• To Personalize Your Experience. We may process your information to personalize your experience. By personalization, we enable you to interact with our Services more easily across platforms and devices. We also use it to remember you in case you re-visit our Site, so we will know if you have already been served with surveys, or (where Site content is undergoing testing) which version of the content you were served. Please see our Cookies and Other Similar Tracking Technologies section for more information.

• To Facilitate Corporate Acquisitions, Mergers and Transactions. We may process any information regarding your account and your use of our Services as is necessary in the context of corporate acquisitions, mergers or other corporate transactions.

• With Your Consent. For any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the services or other related services requested, with your permission or upon your direction.

We may also aggregate or deidentify any personal information that we collect in connection with our Services, such that the information is no longer personally identifiable or attributable to you. We may use such aggregated or de-identified information for our own business purposes without restriction.

4. SHARING YOUR PERSONAL INFORMATION

We will not sell, share, or otherwise disclose your personal information for purposes unrelated to those detailed in this Policy. To that end, we will take reasonable precautions to allow access to your personal information to only our employees, agents, contractors, or similar entities to the extent necessary for the purposes set out in this Policy. We may share your personal information in the following ways.

• Affiliated Entities. We may share the personal information you provide to us with our affiliates worldwide, licensees, and joint venture partners for the purposes described in this Notice. 

• Service Providers. We also may share the information with our service providers, vendors, and contractors who perform services on our behalf based on our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

• With Our Third-Party Marketing Partners. We may share your information with our marketing service providers to provide targeted advertising services.

  • As Necessary to Comply with Our Legal Obligations. We also may disclose information about you (a) if we are required to do so by law or legal process (such as a court order), (b) in response to a request by law enforcement authorities, or (c) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. 

• As Part of a Corporate Transaction. We also reserve the right to transfer personal information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets. By engaging with us or using our Services, you understand and agree to our assignment or transfer of rights to your personal information. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

5. CHILDREN'S PRIVACY

Our Services are not directed to children under the age of 16 and we do not knowingly collect personal information from children under the age of 16. If we become aware that we have inadvertently received personal information from a visitor under the age of 16 on our Services, we will delete the information from our records.

6. SECURITY

We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide through our Services  against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. However, we cannot guarantee or warrant the security of any information you transmit to us and you do so at your own risk. No internet or email transmission is ever fully secure or error-free. You should use caution whenever submitting information online and take special care in deciding what information you send to us via email or message.

7. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. 

If you send us correspondence, including emails, we retain such information electronically in the records of your account. We will also electronically retain customer service correspondence and other correspondence from DVNE LLC to you. We retain these records to measure and improve our customer service and to investigate potential fraud and violations. We may, over time, delete these records as permitted by law.

DVNE LLC will also retain Site and services usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this information is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this information for longer periods.

We will cease to retain your personal information or remove the means by which the information can be associated with you as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected and is no longer necessary for legal or business purposes.

8. YOUR CHOICES AND RIGHTS

Communication Preferences. We offer you certain choices about how we communicate with you and what information we collect from you. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as specified in the How to Contact Us section at the end of this Notice. Where provided by law, you may withdraw your consent previously provided to us, and we will apply your preferences going forward.

• Marketing Communications. You can choose not to receive marketing communications from us by clicking on the unsubscribe link in our marketing emails, select “Click to Unsubscribe” from your profile after signing into your account, or by contacting us as specified in the How to Contact Us section below. Please include your name, email address and postal address if you send us your request by email or postal mail.

• Text/SMS Communications. In the U.S., you may opt out of receiving text message communications on your mobile device by sending a text message with the word “STOP” to the short code in which you received the message. You will receive one additional text message, confirming that your request has been received. DVNE LLC does not charge you to unsubscribe. Depending on the terms of your mobile phone contract, you may incur charges for receiving and sending text messages on your mobile device. DVNE LLC is not responsible for these charges. Message frequency varies per month. Consent is not a condition of purchase. Autodialed marketing messages will be sent to the mobile number you provide at opt-in. Message and data rates may apply. For help, text HELP to the short code in which you received the message. The wireless carriers are not liable for delayed or undelivered messages.

Your Privacy Rights. Depending on applicable law where you reside or are located, you may be able to assert certain rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have absolute discretion in providing you with those rights. Please refer to the “What Rights Apply” section to determine the rights you have in your jurisdiction. 

Your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (a) when denial of the request is required or authorized by law; (b) when granting the request would have a negative impact on another's privacy; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons.

1. Right to Know/Access. You may have the right to obtain a copy, or a list of categories of the personal information that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your personal information. 

2. Right to Correct. You may have the right to correct any of your personal information in our records and systems. You may request us to rectify, correct or update any of your personal information held by us that is inaccurate. 

3. Right to Delete. Under certain circumstances, you may have the right to request that we delete the personal information that we hold about you. This right is not absolute, and we may refuse your right to delete if it is reasonably necessary for us to provide a service requested by you; to perform a contract between us; to maintain functionality and ensure security of our systems; to enable solely expected internal uses of your personal information; to exercise a right provided by law; or to comply with a legal obligation.

4. Right to Portability. Under certain circumstances, you may have the right to receive personal information we hold about you in a structured, commonly used, and machine-readable format so that you can provide that personal information to another entity.

5. Right to Opt Out of Sale. You may have the right to opt-out of sale of your personal information. We generally do not sell your personal information for profit, but like many websites, we use cookies, pixels, and similar technology, and we share personal information, such as your IP address or device identifiers, to certain third-party advertisers in order to improve your user experience and to optimize our marketing activities. Under the broad definition of “sell” contained in certain jurisdictions’ privacy laws, this could be considered a sale. 

6. Right to Opt-Out of Sharing for Targeted Advertising. You may have the right to opt-out of the sharing of your personal information for behavioral advertising purposes. Like many websites, we use cookies, pixels, and similar technology, and we share certain information, such as your IP address or device identifiers, to certain third-party advertisers in order to improve your user experience and to optimize our marketing activities. You have the right to direct us not to share or use your personal information for targeted advertising purposes. 

7. Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your privacy rights.

8. Right to Limit Use of Sensitive Information. If you are a California resident, to the extent your sensitive personal information (as that term is defined under California privacy law) is used to infer characteristic about you, you have the right to direct us to stop such processing of your sensitive personal information for such purposes. We do not process any sensitive personal information to infer characteristics about you without your consent.

9. Right to Object to Automated Decision-Making. You may have the right not to be subject to a decision that is based solely on automated processing (where a decision is taken about you using an electronic system without human involvement) which significantly impacts your rights. No decision will be made by us about you solely on the basis of automated decision making which has a significant impact on you.

10. Right to Appeal.  In certain jurisdictions, you may have the right to appeal if we refuse to take action on your rights request. Instructions on how to appeal will be provided to you upon such a denial, but in any event, such instructions will be substantially similar to those provided below for submitting requests.

11. Shine the Light. If you are a California resident, you have the right to ask us for a notice describing what, if any, categories of personal information we share with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. That notice will identify the categories of personal information shared with third parties and used for direct marketing purposes and the name and address of the third parties that received such personal information.

As noted above, depending on where you reside or are located at the time your personal information is collected, you may be able to assert certain rights with respect to your personal information. To determine which rights you have, please refer to the table below that references the rights as described above.  U.S. States not listed either do not have a law providing such rights, or it does not apply to our operations.

State of Residence

Applicable Rights

California

(a) Right to Know/Access; (b) Right to Correct; (c) Right to Delete; (d) Right to Portability (e) Right to Opt-Out of Sale; (f) Right to Opt-Out of Sharing for Targeted Advertising; (g) Right Against Discrimination; (h) Right to Limit Use and Disclosure of Sensitive Personal Information (if applicable); (k) Shine the Light; and (i) Right to Opt-Out of Automated Decision-making or Profiling (upon effective of regulations issued by the California Privacy Protection Agency).

Virginia, Colorado, Connecticut, Oregon and Texas Residents

Montana Residents (as of 10.1.24)

(a) Right to Know/Access; (b) Right to Correct; (c) Right to Delete; (d) Right to Portability (e) Right to Opt-Out of Sale; (f) Right to Opt-Out of Sharing for Targeted Advertising; (g) Right Against Discrimination; (i) Right to Opt-Out of Automated Decision-making or Profiling; and (j) Right to Appeal.

Utah

Right to Know/Access; (b) Right to Delete; (c) Right to Portability; (d) Right to Opt-Out of Sale; (e) Right to Opt-Out of Sharing for Targeted Advertising; (f) Right Against Discrimination.

Submitting a Request to Exercise Your Rights  

Right to Opt-out of Sales or Sharing for Targeted Advertising. To the extent the applicable law provides you with the right to opt-out of the sale or sharing of your personal information for targeted advertising, you may exercise your right to opt-out by clicking the “Do Not Sell or Share My Personal Information” in the footer below.

You will need to submit a separate opt-out of sharing request on each device and browser you use to visit our Sites to completely opt-out of having your information shared for targeted advertising purposes.

California and Colorado residents may also opt-out of sharing and sales by using an opt-out preference signal for each participating browser system that you use. The Global Privacy Control signal is currently the only opt-out preference signal we can recognize. You can visit the Global Privacy Control official site at https://globalprivacycontrol.org/#about to learn how to configure your device to send such signals. We will honor and process the opt-out preference signal in a frictionless manner. Please note that the opt-out choice will only apply to your use of our Sites through the current browser or device you are  using and only so long as that browser’s cookies are not erased. You will need to submit a separate opt-out of sharing request on each device and browser you use to visit our Sites to completely opt-out using this method.   Please note that you may still receive generalized ads after opting out of targeted advertising.

Other Privacy Rights. Except as provided in the paragraph below, you may exercise your rights by contacting us at dvnebusiness@dvnefashionhouse.com or by using the following button: 

If you are a California resident, you may also exercise your right to access, correction and deletion by calling us at 1-888-475-7674. In your request, please make clear which right you would like to exercise. 

Identity Verification. Before fulfilling your request, we are required by law to have you to verify the personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes. 

Authorized Agent. To the extent the applicable law provides you with the right to use an authorized agent to submit requests on your behalf, we will require you to directly verify your identity with us, or have you directly confirm with us that the authorized agent has been authorized to act on your behalf.

9. CALIFORNIA RESIDENTS: NOTICE AT COLLECTION

The California Consumer Privacy Act, as amended by the California Privacy Rights Act (“California Privacy Laws”) requires us to disclose the following additional information related to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of this Privacy Notice. 

Categories of Personal Information Collected, Used, and Disclosed

In the preceding 12 months, depending how you interact with our Services, we may have collect the following categories of personal information (as defined under Cal. Civ. Code  §1798.140(v)(1)):

• Identifiers, such as your name, shipping and billing address, unique personal identifier, email, phone number, driver’s license or ID number, passport number, or similar identifiers.

• Characteristics protected under state and federal law, such as your age, gender and other demographic information.

• Commercial information, such as your purchase history, transaction records, payment information, wish list and customer appreciation program participation. 

• Internet or other electronic network activity information, such as technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and information about your visit, including your browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, and system configuration information.

• Audio or Visual information, such as your video recording through our Stores’ CCTV footage.

• Geolocation data, such as geolocation, to the extent you have configured your device to permit us to collect such information.

• Inferences drawn from any of the information listed above, such as your shopping preferences, characteristics, and behavior.

For more information about the personal information we collect and how we collect it, please refer to Section 1 above, “Personal Information We Collect.”

For more information about the business purposes for which we collect your personal information, please refer to Section 3 above, “How We Use Your Personal Information.” 

To learn the categories of third parties with whom we may share your personal information, please refer to Section 4 above, “Sharing Your Personal Information.” 

Retention of Personal Information.   We will retain your personal information for the time period required or permitted by law or for the time reasonably necessary to achieve the purposes described in this Notice or any other notice provided at the time of collection. Retention is based on several factors, including legal requirements, statutes of limitation, and business needs.

Do Not Track. Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.

10. LINKS TO OTHER SITES

Our Services may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with DVNE LLC. Linked websites may have their own privacy policies, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with DVNE LLC, any use of those websites, or the privacy practices of those websites.

11. HOW TO CONTACT US

If you have any questions or comments about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please email us at dvnebusiness@dvnefashionhouse.com.

Return & Exchange Policy

At DVNE Fashion House, each piece is produced with intention and created exclusively for you. Due to the made-to-order, print-on-demand nature of our collections, all sales are considered final except in cases where an item arrives damaged or incorrect.

Damaged or Incorrect Items

We offer a 14-day resolution window from the date of delivery for items that arrive damaged or do not match the original order.

To initiate a claim:

• Contact us within 14 days of delivery

• Provide clear photographic documentation of the issue

• Ensure the item remains unused and in its original condition

Upon approval, we will arrange for a replacement or refund, at no additional cost, as part of our commitment to quality and craftsmanship.

Final Sale Items

The following are not eligible for return or exchange:

• All print-on-demand items not damaged or incorrect

• Made-to-order or customized pieces

• Sale or archive items

• Digital products or downloads

Refunds

• Approved refunds are issued to the original form of payment

• Please allow 5–10 business days for processing

• Shipping fees are non-refundable, unless the error occurred on our behalf

Return Authorization

Returns are accepted by approval only. Items returned without prior authorization may be refused.

For damaged or incorrect items, return shipping will be arranged by DVNE Fashion House.

Client Care

If you have questions or concerns regarding your order, please contact our Client Care team at dvnebusiness@dvnefashionhouse.com. We are dedicated to delivering an elevated experience that reflects the standards of DVNE.