TERMS OF USE

Revised May 1, 2009

Welcome to deFaura, Inc. We provide products and services to you subject to the following conditions. By visiting or shopping at deFaura.com, you accept these conditions. Please read them carefully.

ACCEPTANCE

Your access to and use of deFaura.com is subject to the following terms and conditions and all applicable laws. By accessing and browsing deFaura.com, you accept, without limitation or qualification, these terms and conditions and acknowledge that any other agreements regarding the use of deFaura.com between you and deFaura, Inc. are superseded and of no force or effect.

PRIVACY

Please review our Privacy Policy, which also governs your visit to deFaura.com, to understand our practices on how we manage your information.

ELECTRONIC COMMUNICATIONS

When you visit deFaura.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You can opt out of receiving communications from us by updating your preferences in your profile.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, and images, is the property of deFaura, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DeFaura, Inc. and protected by U.S. and international copyright laws. Images contained herein may not be copied or duplicated in any manner whatsoever. All software used on this site is the property of deFaura, Inc. or its software suppliers and protected by United States and international patent and copyright laws.

TRADEMARKS

deFaura, deFaura.com, deFaura, Inc., and other deFaura.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of deFaura, Inc. in the United States and/or other countries. deFaura's trademarks and trade dress may not be used in connection with any product or service that is not deFaura's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits deFaura, Inc. All other trademarks not owned by deFaura that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by deFaura, Inc.

LICENSE AND SITE ACCESS

deFaura, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of deFaura, Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of deFaura, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of deFaura, Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing deFaura, Inc.'s name or trademarks without the express written consent of deFaura, Inc. Any unauthorized use terminates the permission or license granted to you by deFaura, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of deFaura.com so long as the link does not portray deFaura, Inc., or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any deFaura, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

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. deFaura, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may send reviews, comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. deFaura, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do submit material, and unless we indicate otherwise, you grant deFaura, Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant deFaura, Inc. and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify deFaura, Inc. for all claims resulting from content you supply. deFaura, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. deFaura, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

CONTACTING CUSTOMER SERVICE

If you have a question about an order, please use our contact form any time or call us at 1-877-305-FAURA (3287) weekdays from 9:30am – 5:00pm EST.

DEFAURA, INC. AND YOUR ORDERS

Keep the following points in mind when placing orders:

• Orders received Monday through Friday will be processed within 24 hours of receipt.
• Order processing excludes weekend days.
• Orders placed on Saturday and Sunday will be processed on the following Monday, excluding major holidays.
• If all items are available, an order placed will be processed the same day when received by 1:00PM EST.
• After processing, orders will be shipped on business days only (Monday through Friday, excluding major holidays.)
• We require signature for delivery of our packages, so please be sure to have an adult present to receive the shipment.

SHIPPING ADDRESS

We will only ship to addresses registered with the credit card company you use for payment. Your billing address is by default registered with your credit card company. If you want us to ship to an address different than the billing address, please call your credit card customer service and be sure your shipping address is included with your account. We regret we won't make shipments to an address not recognized by the credit card company you use for payment. This policy is implemented for your own protection as a way to reduce the risk of fraud.

DELIVERY TIMES

Under normal circumstances, shipping takes 1-2 business days. Please note: Orders are shipped and delivered on regular business days (Monday through Friday, excluding major holidays). In case of force majeure, such as a war, strike, riot, crime, or act of God (e.g., flooding, earthquake, volcano), that could prevent shipping from arriving within the one to two days, we will contact you to alert you about delays and give you a new time of arrival as per our carrier's best estimates.

Please note that if an item shown available in deFaura.com is not available at David Webb, Inc., we will contact you and give you a new estimated time for delivery. If you agree with this estimated time, we will keep the order open. Otherwise, we will cancel the order.

DELIVERY AND INSURANCE CHARGES

deFaura, Inc. does not charge delivery or insurance fees. Under special circumstances, deFaura, Inc. reserves the right to apply such charges.

SALES TAX

New York residents will be charged 8.375% sales tax.

REFUNDS

Refunds to your credit card are available for items sold at full price for a period of 30 days from the original shipping date. Refunds will be issued for the full purchase price minus shipping, handling, and insurance costs. Final sale merchandise is not refundable. Final sale merchandise is identified in the product page and/or by the customer service representative when you place an order. It is also identified in the confirmation E-mail you receive and the packing slip. Refunds will apply under this policy only if item has no indication of been used.

RETURNS AND EXCHANGES

If for any reason you are not completely satisfied with your purchase of any full price item, you can return it provided we receive it within 30 calendar days from the date we shipped it to you. Along with any return, please attach a copy of your receipt. We will not be able to refund you for items returned with any indication of use.

If your package was damaged during shipment, save all merchandise and packaging and notify deFaura promptly at 1-877-305-FAURA (3287) weekdays from 9:30am – 5:00pm EST. Damaged items will be replaced at no cost to you.

We recommend that you send any return item via an insured carrier for your protection and to insure prompt delivery. You are responsible for the returned item until received and signed for at the address below. We're sorry, but unfortunately return shipping fees are not refundable.

Please send returns to:

deFaura, Inc.
C/O David Webb, Inc.
789 Madison Avenue
New York, NY 10065

RISK OF LOSS

All items purchased from deFaura, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

deFaura, Inc. attempts to be as accurate as possible. However, deFaura, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by deFaura, Inc. itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our web site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

With respect to items sold by deFaura, Inc., we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

LINKS TO OTHER SITES

The information and links present in deFaura.com are provided solely as a convenience to assist users who may be seeking information on the David Webb brand. deFaura, Inc. does not endorse nor is responsible for any content, information or other related materials that maybe accessed through these links or has been provided by unrelated parties.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY deFAURA, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. deFAURA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, deFAURA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. deFAURA, INC. DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM deFAURA, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. deFAURA, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting deFaura.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise between you and deFaura, Inc.

DISPUTES

Any dispute relating in any way to your visit to deFaura, Inc. or to products or services sold or distributed by deFaura, Inc. or through deFaura.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in Supreme Court of New York County or the United States District Court for the Southern District of New York, and you consent to exclusive personal jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to deFaura.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

REVISIONS

deFaura, Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.