Terms of Service

Agreement between user and Diginith

Welcome to www.diginith.com. The www.diginith.com website (the “Site”) is comprised of various web pages operated by Diginith LLC (“Diginith”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy for your reference.

www.diginith.com is an online retail store. Diginith LLC sells handmade home and tableware directly to consumers. We hold our own stock and ship it to the customer. We are not a marketplace, and we do not host or facilitate sales by third-party sellers.

Privacy

Your use of the Site is subject to Diginith’s Privacy Policy. Please review it, as it also governs the Site and explains our data collection practices.

Electronic communications

Visiting the Site or sending email to Diginith constitutes electronic communication. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. You acknowledge that Diginith is not responsible for third-party access to your account resulting from theft or misappropriation. Diginith reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at its sole discretion.

Children under 18

If you are under 18, you may use the Site only with the permission of a parent or guardian. You may not use or engage with the Site if you are under 13 years of age.

Cancellation and refund policy

Orders may be cancelled within 24 hours of being placed, for a full refund. You have 30 days from the date you receive your order to initiate a return for a refund, provided the item is unused and in its original packaging. Returns initiated outside this window will be declined. Custom and personalised handmade items cannot be returned or exchanged unless they arrive faulty.

Full details are set out in our Refund & Return Policy and our Shipping Policy.

Links to third-party sites and services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Diginith, and Diginith is not responsible for their contents, including any link contained in a Linked Site or any changes or updates to a Linked Site. We provide these links only as a convenience, and their inclusion does not imply endorsement by Diginith or any association with their operators.

Certain services made available through the Site are delivered by third-party sites and organisations. By using any product, service or functionality originating from the Site, you acknowledge and consent that Diginith may share information and data with any third party with whom Diginith has a contractual relationship to provide the requested product, service or functionality.

No unlawful or prohibited use; intellectual property

You are granted a non-exclusive, non-transferable, revocable licence to access and use the Site strictly in accordance with these Terms. As a condition of your use, you warrant to Diginith that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden or impair it, or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

All content included as part of the Site — such as text, graphics, logos, images and photographs, as well as the compilation thereof, and any software used on the Site — is the property of Diginith or its suppliers and is protected by copyright and other laws protecting intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices contained in such content and will not make any changes to it.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. Diginith content is not for resale. Your use of the Site does not entitle you to make any unauthorised use of protected content, and you will not delete or alter any proprietary rights or attribution notices. You will use protected content solely for your personal use, and will make no other use of it without the express written permission of Diginith and the copyright owner. You acquire no ownership rights in any protected content.

If you believe content on this Site infringes your intellectual property rights, please follow the procedure set out on our DMCA page.

Materials you provide to Diginith

Diginith does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to the Site or our associated services (collectively, “Submissions”). However, by providing a Submission you grant Diginith, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of our business, including the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat it, and to publish your name in connection with it.

No compensation will be paid with respect to the use of your Submission. Diginith is under no obligation to post or use any Submission and may remove any Submission at any time at its sole discretion.

By providing a Submission you warrant and represent that you own or otherwise control all of the rights to it, including all rights necessary for you to provide it.

International users

The Site is controlled, operated and administered by Diginith from the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use content accessed through the Site in any country or in any manner prohibited by applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Diginith, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Site or services, any postings you make, your violation of any of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Diginith reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Diginith in asserting any available defences.

Arbitration

In the event the parties are unable to resolve any dispute arising out of or concerning these Terms, or any provision hereof, whether in contract, tort or otherwise at law or in equity, such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.

In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable legal fees. The parties agree to arbitrate all disputes and claims in regard to these Terms, or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.

Class action waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class, representative or collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. Further, unless both you and Diginith agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.

Liability disclaimer

THE INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIGINITH LLC AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES TO THE SITE AT ANY TIME.

DIGINITH LLC AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DIGINITH LLC AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGINITH LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIGINITH LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination and access restriction

Diginith reserves the right, at its sole discretion, to terminate your access to the Site and related services, or any portion of them, at any time and without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you consent to the exclusive jurisdiction and venue of the courts of the State of New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Diginith as a result of this agreement or your use of the Site. Diginith’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement derogates from Diginith’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site. If any part of this agreement is determined to be invalid or unenforceable, that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original, and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Diginith with respect to the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Prohibited content

You acknowledge and agree not to send any prohibited content through the Site. Prohibited content includes:

• Any fraudulent, libellous, defamatory, scandalous, threatening, harassing or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age;
• Pirated computer programs, viruses, worms, Trojan horses or other harmful code;
• Any product, service or promotion that is unlawful where it is received;
• Any content that implicates or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (the “HITECH” Act); and
• Any other content prohibited by applicable law in the jurisdiction from which the message is sent.

Changes to these terms

Diginith reserves the right, at its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms supersedes all previous versions. We encourage you to review the Terms periodically to stay informed of our updates.