This website is operated by DEMAIA HOUSE (the “Company”). For purposes of these Terms and Conditions, “Service” refers to the Company’s services and products which can be accessed via our website at www.demaiahouse.com. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user(s), buyer(s), visitor(s), customer(s), or participant(s) of the Product(s) and Service(s).

By visiting our site and/or using the Product(s) and/or Service(s), you agree to be bound by the following Terms and Conditions (“Terms and Conditions” or “Terms”). These Terms apply to all users of the Product(s) and/or Service(s), including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using the Service. By accessing or using any part of the Product(s) and/or Service(s), you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms, then you are not authorized to access the website or use the Product(s) and/or Service(s).

PROCESSING & SHIPPING

Free shipping is available for orders $55+

All orders are handled and shipped out from our warehouse in Florida, USA. 

Please allow extra time for your order to be processed during holidays and sale seasons. We process orders between Monday and Thursday. Orders will be processed within 1-3 business days from the order date and shipped the next day after the processing day. Please note that we don’t ship on weekends. When order volumes are heavy, processing times and shipments may be delayed.

We work very hard to get your order to you as fast as possible. However, at times due to high demand, some orders may take between 1-3 weeks to arrive.

We ship within the United States. We do not currently ship worldwide. When shipping worldwide becomes available, we will update this information in this section of our Terms and Conditions.

CANCELLATIONS, REFUNDS & RETURNS

As we aim to process orders as fast as possible, you must request any changes/cancellations within 12 hours of ordering. All requests after this time will be denied and all sales will be final. We do not accept returns, exchanges or refunds unless we acknowledge and accept that there is an issue with your order.

If you believe that you have received an incorrect product(s) and/or defective/damaged product(s), please contact us no later than 7 days after delivery in writing to contact@demaiahouse.com. You will need to provide photographic evidence of the incorrect or defective/damaged product(s). We may choose to collect the product(s) from you for quality review investigation. Concrete and Gypsum items are handcrafted and due to the nature of their material might have slight imperfections just like stones in nature or ancient statutes crafted by an artist, these kinds of imperfections are considered to be part of the aesthetics, which adds unique character to each piece. However, in the case that we establish you have received a product from us that is different to the one you ordered, and/or accept that the products were damaged and/or defective at the time of delivery to you, we will replace the product(s) or issue a full refund, based on your preference. 

A replacement product(s) will be processed within 3 business days from the date we agree to issue such replacement.

Refunds will be processed onto the payment method with which the purchase was made within 3 business days from the date we agreed to issue the refund. Depending on your bank, refunds may take up to 5-7 business days to reflect on your account.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made through our Service. 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.

PRODUCTS & SERVICES

Although we have made every effort to display the colors and images of our products that appear on the Service as accurately as possible, we cannot guarantee that your computer monitor’s display of any color will be accurate. 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 Product(s) and/or Service(s) will be corrected.

We may, in our sole discretion, limit or cancel quantities purchased through the Service. Such 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.

SOCIAL MEDIA

We reserve the right to display and promote images and videos of our products, services, including those from our customers and users on social media interfaces such as Facebook, Instagram, TikTok, Google+ , in all types of print services, on different blogs and/or media networks throughout the Universe and beyond. By purchasing our product(s) and service(s), unless communicated to us otherwise, you agree to provide DeMaia House the full right to upload your personal image/photograph/video in our possession on our social media platforms, including electronic mail (emails) for promotional, presentation, and marketing purposes. 

By using DeMaia House product(s) and/or service(s), all users over 18 and the legally recognized parents or guardians of all participants under the age of 18 fully understand and declare that their image and likeness and/or the image and likeness of their child may be used by DeMaia House for promotional purposes on their website, social media and/or printable material. Users wave their rights to make any claim of ownership or suit against DeMaia House, on all or parts of the reproduction(s), for use or intent to generate revenue with the above-mentioned photos or videos. The following rights are retained by DeMaia House: Reproduction of all image(s) and video(s) in future works of their own, such as books, lectures, and marketing or public relations preferences.

DeMaia House also retains the rights to include the reproduction(s) on their website or in future publications. Electronic or print copies may be made for commercial and/or non-commercial personal use.

*This document is legally binding.

*The Use of DeMaia House services serves as a legal signature of all the users, including parents/guardians of the users under 18 agreeing, to this term and condition on image/likeness release on all social media platforms, websites, and media networks throughout the whole Universe and beyond.

PRIVACY POLICY

Your submission of personal information through the Service is governed by our Privacy Policy.

PRIVACY & COMMUNICATION PREFERENCES

Any personally identifying information submitted to DeMaia House is subject to our Privacy Policy.
By using the DeMaia House services, you consent to receiving our electronic communications. These communications will include notices about your purchase, confirmation e-mails, and some other informative emails concerning or related to our service. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

DeMaia House is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to website, including Facebook, Instagram, TikTok and all other social media platforms, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving DeMaia House services. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sub-license such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future. Please note DeMaia House does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to DeMaia House.

MODIFICATIONS TO THE PRICES, PRODUCTS & SERVICES

We reserve the right to modify or discontinue the Product(s) and/or Service(s) (or any part thereof), including these Terms and Conditions, without notice at any time. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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 this website following the posting of any changes constitutes acceptance of those changes. In addition, prices for our products are subject to change without notice. 

We reserve the right to limit the sales of our Products or Services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. We also 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 any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 Products and/or Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

PROHIBITED USE & USER GENERATED CONTENT

By agreeing to these Terms and Conditions 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 unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

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 are under no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates  intellectual property or these Terms and Conditions.

By posting comments through the Service, you agree that your comments will not violate any of our rights, 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 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 or other information posted by you or any third-party.

You are prohibited from using the Service, our 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.

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 Company reserves the right to terminate your use of the Service or any related website for violating these Terms.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

DeMaia House, including our website, and all content associated therewith, or any other features associated with DeMaia House product(s) and service(s), are 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 each case to the extent permitted by applicable law, with all faults and any of our products and services, our website and user experience, and all content associated therewith. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Company does not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure, or without errors. 

To the extent permitted by law, we may make and preserve copies of any information or any other content or data you provide through the Service for internal back-up and other legal or regulatory purposes. However, the Company is not obligated to preserve copies of such information, content or other data.

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, in each case without notice to you.

In no case shall the Company, 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(s) and/or any Product(s) procured using the Service(s) and/or Product(s), or for any other claim related in any way to your use of the Service(s) and/or any Product(s), 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.

INACCURACIES

In case of any errors on our website, such as accidental 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 and all such errors, and to change or update information or cancel orders if any information in the Product(s) and/or Service(s) or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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 or reference 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. 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company 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 attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any applicable law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

ARBITRATION AGREEMENT

You and DeMaia House agree that any dispute, claim, or controversy arising out of or relating in any way to the DeMaia House service, including our website, user interfaces, these Terms and Conditions and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DeMaia House are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement. If you elect to seek arbitration, you must first send to DeMaia House, by certified mail, a written Notice of your claim. Unless both you and DeMaia House agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award 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.

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 and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Product(s) and/or Service(s), 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 and Conditions, 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).

ENTIRE AGREEMENT

Our Terms and Conditions constitute a “Legal Agreement” between every visitor to our website and/or user(s) of our Product(s) and/or Service(s). Our Terms and Conditions are subject to change at any time with or without prior notice.

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

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Product(s) and/or Service(s) constitutes the entire agreement and understanding between you and us and govern your use of the Product(s) and/or Service(s), 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 and Conditions).

In no event shall any ambiguities in the interpretation of these Terms and Conditions be construed against the drafting party.

GOVERNING LAW

All the content on our website is protected by the United States and International Copyright and Trademark Laws. No Visitor, User, Buyer or Participant is allowed to download or share any images or text from our site. No visitor, User, Buyer or Participant is allowed to recreate our website for personal or commercial use, that includes saving our website in full or in part on their hard drive or in a PDF or other file(s).

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Florida.