Last updated: January 1, 2023
Please read these terms and conditions carefully before using our website dayrunner.shop (the “Site”) operated by Day Runner® Planner, Address Book, Binder, Organizer (“us”, “we”, or “our”).
By accessing or using the Site, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions, you may not use the Site.
Table of Contents
- Section 1: Use of the Site
- Section 2: User Account
- Section 3: User Content
- Section 4: Purchases and Payment
- Section 5: Shipping and Delivery
- Section 6: Returns and Refunds
- Section 7: Product Reviews
- Section 8: Copyright and Trademarks
- Section 9: Acceptable Use Policy
- Section 10: Links to Third Party Websites
- Section 11: Disclaimers and Limitation of Liability
- Section 12: Indemnification
- Section 13: Governing Law and Jurisdiction
- Section 14: Changes to Terms
- Section 15: Contact Information
Section 1: Use of the Site
Permission to Use. We grant you permission to use the Site subject to the restrictions in these Terms and Conditions. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is harmful, offensive, or otherwise inappropriate.
Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
User Account. You may need an account to use some features of the Site. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.
Site Usage Restrictions. You may not:
- Use the Site for any illegal purpose or in violation of any local, state, national or international law;
- Violate or encourage others to violate our rights or the rights of third parties;
- Post, upload or distribute any User Content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful or otherwise inappropriate;
- Interfere in any way with the Site or servers or networks connected to the Site;
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without express written permission;
- Use or attempt to use another user’s account without authorization; or
- Remove any copyright, trademark or other proprietary rights notices.
Section 2: User Account
You may need an account to use some features of the Site, such as placing orders or submitting reviews. When registering for an account, you must provide accurate, current and complete information. You are solely responsible for any activity that occurs under your account.
You must keep your account password secure and never disclose it to a third party. Informing us of any breach of security or unauthorized use of your account is your responsibility. If you believe your account is no longer secure, you must immediately notify us at [email protected].
We take our security obligations seriously; however, we cannot guarantee that unauthorized third parties will never be able to overcome our security measures.
Section 3: User Content
User Content Definition. “User Content” refers to all information, content, images or other materials uploaded, submitted, posted, created or otherwise transmitted by you to the Site.
License Grant. By posting User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and distribute such User Content on the Site.
Representation. You represent and warrant that: (i) you own the User Content or have the right to grant the rights and licenses in these Terms; (ii) the User Content is accurate; (iii) use of the User Content does not violate any law or infringe any rights of a third party.
Removal of User Content. We do not pre-screen User Content, but reserve the right to remove any User Content at any time that we determine violates these Terms, our policies, or is otherwise harmful to our business.
Retention. We may retain backup copies of User Content even after you delete the materials from the Site. Copies of User Content retained by search engines and other third parties may remain even after deletion from our Site.
Section 4: Purchases and Payment
Order Acceptance. We reserve the right to refuse or cancel any order for any reason at any time before processing payment and delivering your purchase. Some situations that may result in canceled orders include system or typographical errors, inaccuracies in product descriptions or prices, inability to obtain credit authorization, or problems identified by our Customer Service department.
Payments. Accepted payment methods are displayed on the checkout page. All purchases are subject to bank authorization prior to processing. If we do not receive authorization, we will cancel your order.
Product Descriptions. We strive to describe our products as accurately as possible. However, we do not warrant that product descriptions are accurate, complete, or error free. If you receive an incorrect or damaged product, please contact us within 30 days of delivery to receive a replacement or refund.
Prices. Applicable taxes will be added to your order total at checkout. Promotional codes and other discounts will be noted on the checkout page.
Shipping. Shipping and delivery dates are estimates only. We are not liable for any delays in shipments.
Section 5: Shipping and Delivery
Shipping Methods and Costs. Our shipping methods and costs are explained on the Site. You will have the opportunity to select your preferred shipping method during checkout.
Customs Duties and Import Taxes. For orders shipping internationally, you are responsible for paying any import taxes, customs duties and fees levied by the destination country. We have no control over these charges and cannot estimate the cost. Customs policies vary widely from country to country. Contact your local customs office for more information.
Risk of Loss. All items purchased from the Site are your responsibility from the time of delivery to you or pickup by your shipper. We are not liable for lost shipments.
Section 6: Returns and Refunds
Returns. You may request a refund for your order within 30 days of the original purchase date. Refunds requested after 30 days may be considered at our discretion.
Refunds. Approved refunds will be issued to the original payment method used at checkout. Processing and validation of refunds may take 1-2 billing cycles or longer.
Return Shipping Costs. You are responsible for the shipping costs associated with returning products to us. We are not responsible for items lost or damaged during return shipment.
Restocking Fee. A 15% restocking fee applies to any returned product that is not defective or damaged. Products must be in original packaging to receive a refund.
Exchanges. If you would like to exchange a product for a different size, color or model, please return the original product within 30 days under our standard Returns Policy stated above. We are unable to process exchanges without a return first.
Sale Items. Items marked as non-refundable, discounted or on sale cannot be returned unless defective or damaged.
Defective or Damaged Products. If you receive a defective or damaged product, please contact us within 30 days with details and images of the product damage to receive a replacement or refund.
Section 7: Product Reviews
If you submit a product review, you confirm and agree that:
- Your review represents your own personal experience using the product;
- You have not been offered compensation or benefits in return for your review;
- Your review contains sufficient detail about your experience using the product;
- Any claims or statements made in your review are based on reasonable assumptions and descriptions;
- Your review does not contain offensive, abusive, or inappropriate content;
- You have not posted duplicate reviews for the same product;
- Your review is unique to this site and not published elsewhere.
We reserve the right to remove reviews that do not meet these requirements or contain prohibited content.
Section 8: Copyright and Trademarks
Copyright. The content, organization, graphics, design, compilation, images, logos, and all other matters related to the Site are protected under applicable copyrights and other proprietary laws. The copying, redistribution, use or publication of any part of the Site is prohibited, except as expressly permitted in these Terms and Conditions. No right, title or interest in any content or software is transferred to you as a result of any downloading or copying of such materials.
Trademarks. “Day Runner”, the Day Runner logo, and other company graphics, logos, designs, page headers, buttons, icons, and service names are trademarks, registered trademarks or trade dress of Day Runner Planner, Address Book, Binder, Organizer. The unauthorized use or misuse of any Day Runner trademark or graphic is expressly prohibited.
Section 9: Acceptable Use Policy
You are prohibited from violating or attempting to violate the security of the Site, including by:
- Accessing data not intended for your use;
- Attempting to probe, scan or test the vulnerability of a system or network;
- Circumventing any authentication or security measures;
- Checking or testing security vulnerabilities;
- Exceeding authorized access to Site systems or networks;
- Interfering with service to any user, system or network;
- Using any program, script or command to interfere with the Site.
Violations may result in civil or criminal liability under applicable laws. We will investigate any activity that may violate this policy or applicable laws and may involve law enforcement as appropriate.
Section 10: Links to Third Party Websites
The Site may provide links to websites operated by third parties. Unless otherwise indicated, we do not control or endorse these sites. Accessing these links is at your own risk. We have no control over third party content and assume no responsibility or liability for damage or loss caused by your use of these sites.
Section 11: Disclaimers and Limitation of Liability
No Warranties. The site and all materials, products, and services included on or accessible from the site are provided “as is” and without warranties of any kind. We disclaim all express and implied warranties including warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
No Liability for Damages. In no event will we be liable for any indirect, incidental, special, consequential or punitive damages, whether based on tort, contract or any other legal theory. This applies even if advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
Accuracy Disclaimer. We strive to provide information that is accurate, complete and current. Despite our efforts, errors may occur. We are not providing any warranties about completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website.
Security Disclaimer. We take reasonable steps to protect your data and information. However, we cannot guarantee the security of any information that you transmit to us, and you provide such information at your own risk.
Section 12: Indemnification
You indemnify, defend and hold harmless Day Runner and our officers, directors, employees and agents, from and against any third-party claims, liabilities, damages, losses and expenses, including reasonable attorney fees and costs, arising from or related to:
- Your access or use of the Site, products, services or information;
- Your User Content;
- Your violation of these Terms and Conditions;
- Your violation of any applicable law or infringement of any third party rights.
We reserve the right, at our own expense, to assume exclusive defense of any matter subject to indemnification. You agree to cooperate in this defense. Your indemnification obligations remain effective after any termination of these Terms.
Section 13: Governing Law and Jurisdiction
These Terms will be governed by the laws of the State of California without regard to conflict of law principles. Any dispute related to these Terms or your access to or use of the Site will be subject to the exclusive personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California. You and Day Runner waive any right to a jury trial regarding disputes related to these Terms or your access to or use of the Site.
Section 14: Changes to the Terms
We may revise these Terms from time to time to better reflect:
- Applicable laws and regulations
- Changes to the Site and products
- Customer feedback
Revisions will take effect immediately upon publishing on the Site. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
Section 15: Contact Information
Please feel free to contact us with any questions regarding these Terms and Conditions.
Email: [email protected]