Terms of service
07/02/2026
Please take a moment to review the following terms and conditions.
These legal terms apply to your use of our website www.distelle.net (the "Website") and the other services that we provide (the "Services"). It is important to understand and accept these Terms and Conditions before using the Services. By using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and should exit the Website immediately. Your continued use of the Website or placing an order will be considered as acceptance of these Terms and Conditions. Thank you for your attention to this matter.
IMPORTANT NOTICE: By accepting these Terms, you and DISTELLE waive the right to a trial by jury, to participate in any class action or representative proceeding, and to pursue any other type of court proceedings. Your rights will be determined by a neutral arbitrator and not a judge or jury.
1. General Information
The Website is hosted on the Shopify platform. However, the Services are operated and managed by DISTELLE LLC, located at 254 Chapman Rd, STE 208 #17288, Newark, Delaware, 19702. All references to 'the Company,' 'we,' or 'us' refer exclusively to DISTELLE LLC. By using the Website and the related mobile website (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of Service”, “Agreement” or “Terms and Conditions”). If you wish to make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the DISTELLE Privacy Policy, do not use the Service.
This Agreement is subject to change by DISTELLE at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following DISTELLE’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. This Agreement may be modified by DISTELLE from time to time, such modifications to be effective upon posting by DISTELLE on the Websites. By accessing and/or using the Websites, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
2. Access and Retention
In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer, mobile device, or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it as a PDF or other electronic file.
3. Understanding these Terms and Conditions
In our Terms and Conditions, certain words and phrases have particular meanings, which we call "defined terms." You can easily recognize these defined terms as they are capitalized, regardless of where they appear in a sentence. The meanings of these defined terms can be found in the section where they were first defined. The terms "DISTELLE," "we," "us," or "our" collectively refer to DISTELLE LLC or its affiliates, if applicable. On the other hand, the terms "you" or "your" refer to the individual using the Services. Headings have been included to help you understand these Terms and Conditions and to assist in locating information. These Terms and Conditions are only available in English. Copies of the contracts related to our provision of the Services or the sale of products by the Partners will not be kept. Therefore, we recommend that you save or print a copy of these Terms and Conditions for your records. It's important to note that these Terms and Conditions are subject to periodic amendments. We suggest checking the Website regularly and reviewing the legal terms that are in effect at the time of using the Services to place product orders.
By accessing or using the Website, you confirm that you are at least 18 years of age and that you agree to these terms. You also agree to comply with all applicable local, state, and national laws and regulations regarding your use of the Website. You are only permitted to use the Website as outlined in this Agreement and not for any commercial, political, obscene, illegal, or inappropriate purpose.
THESE TERMS ARE DIVIDED INTO TWO TITLES, WHICH ARE EQUALLY BINDING. TITLE 1 GOVERNS THE OPERATIONAL ASPECTS OF THE SERVICES AND THE SALE OF PRODUCTS BY PARTNERS. TITLE 2 CONTAINS THE GENERAL LEGAL TERMS, LIABILITY LIMITATIONS, AND DISPUTE RESOLUTION PROVISIONS THAT GOVERN YOUR USE OF THE WEBSITE.
Title 1 - Important Information Regarding the Provided Service
1.1. About Us
We, DISTELLE LLC, along with some of our affiliates, are responsible for the operation of the Website. DISTELLE LLC is a registered company in the United States of America, specifically in the state of Delaware. Our registered office is located at 254 Chapman Rd, STE 208 #17288, Newark, Delaware, 19702. Our Employer Identification Number (EIN) is 32-0771501.
We, along with certain affiliates, offer services through the Website. Detailed information about the services we provide can be found in Section 1.2 below. It is important to understand that when you make purchases using the Website, you are obtaining products from third-party retailers ("Partners") listed on the Website. The contract for the purchase of the products is exclusively between you and the relevant Partner. We act as agents on behalf of the Partners, who are the principals. We are authorized by the relevant Partners to conclude the contract on their behalf, but we are not a party to that contract. You are not purchasing products from DISTELLE LLC, and we are not acting as your agent for the purchase. Further details about the products, the Partners, and the contract for the purchase of products are outlined in Sections 1.4 and 1.6 of this Title 1.
1.2. Our Services
We offer a wide range of services that allow you to explore and buy products from various Partner boutiques and brands worldwide. In addition to assisting with product searches and purchases, we provide ancillary services such as coordinating product delivery and offering customer service assistance.
It is important to note that the purchase contract is directly between you and the relevant Partner, not with DISTELLE. This means that the legal responsibility for selling the products lies with the Partner. Furthermore, while we facilitate the logistics, the actual delivery service is performed by third-party couriers and is not a service provided directly by us to you. Any charges for these facilitated services will be displayed at checkout before your purchase. Our service contract with you is considered complete once the products have been delivered to you by the courier or have been collected by you from a Partner.
Eligibility: To use our services, you must be at least 18 years of age.
1.3. Ethical Sourcing
DISTELLE LLC is committed to ensuring that our Partners and suppliers operate ethically and in accordance with international standards. We require all Partners to maintain environments that safeguard the health, safety, and fundamental human rights of their employees as defined by international laws, including the Universal Declaration of Human Rights and the International Labour Organization (ILO) Core Conventions.
Standards of Compliance: We expect all Partners to comply with national employment laws and international human rights benchmarks, with a strict focus on:
- Minimum Age: Prohibition of child labor and adherence to minimum employment age laws;
- Voluntary Labor: Absolute prohibition of forced, bonded, or involuntary labor;
- Humane Treatment: Absence of harsh or inhumane treatment, harassment, or discrimination;
- Safety & Remuneration: Provision of safe working conditions, fair working hours, and legal remuneration.
Reporting and Accountability: We will not knowingly permit a Partner to offer products on the Website if they are sourced from origins that violate these principles. If you suspect that a Partner, affiliate, or supplier is not in compliance with this policy, please contact our Support and Compliance team at support@distelle.net (or use the dedicated reporting channel provided on our Contact page).
While global supply chains are complex, we proactively engage with our Partners to uphold these standards. DISTELLE LLC reserves the right to terminate its relationship with any Partner or affiliate found to be in breach of these fundamental human rights.
1.4. The Products
We strive to provide accurate product descriptions on the Website; however, these descriptions are based on information provided by our Partners. As a result, we cannot guarantee absolute accuracy, completeness, or freedom from errors. For further product information, please contact our Customer Service Advisors. Product images are for illustrative purposes; while we aim for color accuracy, we cannot guarantee that your device’s display will faithfully replicate the true colors of the products.
We prohibit our Partners from offering defective items or products of inferior quality. If a purchased item is inaccurately described, flawed, or of reduced quality, it is eligible for return. The return process requires coordination with the Partner. Upon the Partner’s receipt and inspection of the item, a full refund, or at our discretion, a discount, replacement, or repair, will be provided on a case-by-case basis. For instructions on arranging a return, please refer to Section 1.9 of this Title.
As a consumer, you have legal rights regarding faulty products. Guidance on these rights is available from the U.S. Federal Trade Commission (FTC) or relevant local consumer protection authorities.
Use Restrictions and Compliance: Products sold by our Partners are intended for domestic and private use only. Users are prohibited from using products for commercial, business, or resale purposes. Furthermore, users may not export, re-export, or transfer products to countries or parties subject to U.S., E.U., or international sanctions (including the U.S. Treasury’s SDN List). DISTELLE LLC and its Partners accept no liability for loss of profit, business interruption, or loss of business opportunity resulting from a breach of these terms.
1.5. Ranking and Personalization
To optimize your browsing experience, items on the Website are ranked based on a variety of criteria. This ranking is influenced by:
- User Preferences: Your selected filters, gender, and past shopping behavior.
- Product Metrics: Newness, stock availability, revenue performance, and seasonal relevance.
- Multiple Sources: When identical items are available from multiple Partners, we determine the displayed item based on price, shipping proximity (preferential stock points), and upload date.
- Affiliate Prioritization: DISTELLE may occasionally prioritize items from its Affiliates to increase brand awareness.
- Sponsored Content: Partners may pay for "Featured Placements." These items will be clearly flagged or labeled on the listing pages to ensure transparency.
1.6. DISTELLE Partners
The contract for the purchase of products is strictly between you and the relevant Partner. DISTELLE LLC acts as an intermediary and is authorized by the Partner to conclude the agreement on their behalf; however, we are not a party to that agreement. Your acquisition of products is from the Partner, not from us.
Payment Flow: When you purchase products, we receive your payment and hold those funds as a commercial agent on behalf of the Partner. We transfer the relevant amount to the Partner after the products have been delivered to you.
Partner Standards: We require all Partners to uphold business policies that align with our brand standards. However, we do not assume legal responsibility for a Partner’s individual business policies or conduct. If you are dissatisfied with a product or service received from a Partner, please contact us. We will act as a liaison and endeavor to resolve the matter with the Partner on your behalf.
For additional information concerning our Partners and the shopping process, please refer to our How to Shop page.
1.7. Order, Prices, Payment, and Taxes
To place an order, please follow the instructions in the "How to Order & Pay" section of the Website. By completing the checkout process, you are making an offer to purchase products from the relevant Partner, not directly from DISTELLE.
(a) Formation of Contract: The identity of the Partner is displayed on the product page. Your order is subject to availability and price confirmation. The contract between you and the Partner is established only when we send an order confirmation email. If an item is out of stock, DISTELLE may, at its discretion, source the same item from another Partner on your behalf and will notify you via email. If a product is unavailable or priced incorrectly, we reserve the right to cancel the order. Legal ownership of the product passes to you upon shipment; however, the risk of loss remains with the Partner until the product is delivered to your specified address.
(b) Pricing, Availability, and Taxes: While we strive for accuracy, pricing errors may occur as information comes from our Partners. If a pricing error is discovered, we will contact you to confirm the order at the correct price or cancel it. If we cannot reach you, the order will be cancelled and a full refund issued.
Depending on your jurisdiction, DISTELLE may collect sales or use taxes. If not collected by us, you remain responsible for any applicable taxes or import duties. In the event of a return, taxes included in the original purchase price will be refunded. For duties paid directly to customs authorities, you must pursue reclamation directly from your local customs office.
(c) Payment: You must be over 18 with a valid payment method and sufficient funds. Please consult our FAQs for a list of accepted payment methods. If we or our Partners encounter issues processing your payment, we may contact you for additional information.
1.8. Delivery
Delivery dates are estimates provided by our Partners and are not guaranteed. We facilitate delivery services but are not liable for delays caused by events beyond our reasonable control. Because products are shipped directly from our Partners, your order may arrive in multiple packages at different times.
Optional Delivery Services: If you choose to waive a signature requirement ("Signature Release"), redirect the package to a neighbor/reception, or use a collection point, you acknowledge that DISTELLE and our Partners bear no responsibility for loss or damage resulting from these delivery methods.
Return to Origin (RTO): If a shipment is returned because you failed to provide customs documents, refused to pay duties, or provided an incorrect/unreachable address:
- Original shipping costs will not be refunded.
- Reimbursement for the product price is at DISTELLE’s sole discretion and will be subject to deductions for return shipping, restocking fees, and administrative costs.
Carrier Signature Services (Domestic & International):
(a) Carriers are not generally obligated to request a signature, but for U.S. domestic shipments exceeding $600 USD, a Direct Signature is strictly required by major carriers (UPS/FedEx).
(b) If you authorize a "Release Without Signature," you assume all risk of loss.
(c) Carriers may request photo ID to verify age or identity at their discretion.
(d) For international shipments, signature requirements vary by country and carrier; however, high-value luxury items typically require an adult signature upon delivery.
International Delivery: Information regarding restricted countries is noted in Section 1.3. Please review this carefully, as certain products cannot be shipped to specific international destinations. If you are purchasing products for delivery to an international destination, your order may be subject to import duties and taxes upon reaching the destination. You are responsible for complying with all applicable laws and regulations of the country to which the products are destined. DISTELLE LLC and its Partners cannot be held liable for any breach of such laws or for packages seized or delayed by local customs authorities.
1.9. Returns and Cancellation
To the extent permitted by law, you may cancel an order during the 14-day "cooling-off" period. You must notify us of the cancellation and return the product(s) to the Partner within 14 days of receipt.
Refund Process: Once the relevant Partner receives and accepts your return in its original condition, we will process your refund. Please note:
- Return Shipping: You are responsible for organizing and covering the full cost of returning the product(s) to the Partner.
- Original Delivery Costs: Unless the product is faulty or inaccurately described, the original cost of delivery will not be refunded and remains at your charge.
How to Cancel: To cancel a contract, you must explicitly inform us via email at customercare@distelle.net, providing your name, address, and order reference.
Exclusions: The 14-day cooling-off period does not apply to Made-to-Order or customized items, which are considered Final Sale. Please refer to Section 1.12 for more details. For a full breakdown of requirements, please see our Returns & Refunds Policy.
1.10. Final Sale and Made-to-order Items
Items explicitly marked as 'Final Sale' or 'Made-to-Order' (including personalized or customized goods) are not eligible for return or cancellation under DISTELLE's standard return policy. Any exception, return, or refund for 'Final Sale' items purchased through the Website is at the absolute and sole discretion of DISTELLE, subject to applicable local laws. We recommend reviewing the product details carefully before finalizing a 'Final Sale' purchase.
1.11 Privacy Policy
Our use of your personal information is governed by our Privacy Policy. We urge you to carefully read that policy as it contains vital information regarding how we collect, store, and utilize your data. By using the Website, you consent to the collection and use of your data as outlined in the Privacy Policy and you warrant the accuracy of all information you provide to us. You acknowledge that as a platform hosted on Shopify, your data may be processed through third-party service providers to facilitate the Services.
1.12. Intellectual property, software and content
DISTELLE LLC is the owner or authorized licensee of all intellectual property rights pertaining to the Website and its "Content" (encompassing, but not limited to, text, graphics, logos, images, audio, digital downloads, data compilations, and software). These rights are protected by applicable copyright, trademark, and unfair competition laws. All rights are reserved.
Usage Restrictions: You are strictly prohibited from systematically extracting or reusing any elements of the Website or its Content. Specifically, you may not use data mining, robots, or similar data gathering and extraction tools to harvest any portions of the Website for any purpose. Furthermore, the creation and/or publication of any database featuring significant portions of the Website (including our curated prices and product listings) without our prior written consent is strictly prohibited.
Third-Party Rights: Unless explicitly stated otherwise, all third-party trademarks, service marks, and images of third-party products featured on the Website belong to their respective owners. Their appearance on the Website does not imply an affiliation between the trademark owner and DISTELLE beyond our role as an authorized agent facilitating the sale of their products. Any use of such trademarks is for descriptive or identification purposes only.
1.13. Website Availability and Access
We strive to ensure that the Website is available 24 hours a day; however, we do not guarantee uninterrupted access. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw, amend, or suspend the Services without notice.
Maintenance and Downtime: From time to time, we may need to restrict access to some parts of the Website, or the entire Website, to allow for repairs, maintenance, or the introduction of new facilities or services. We will endeavor to provide notice of any scheduled maintenance where possible, but we shall not be liable if, for any reason, the Website is unavailable at any time or for any period.
No Guarantee of Error-Free Service: While we take reasonable steps to ensure the security and integrity of the Website, we do not warrant that the Website will be free from errors, omissions, or malicious software (such as viruses). It is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Liability Limitation: To the extent permitted by law, DISTELLE LLC and its Partners shall not be liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website.
1.14. Operational Governance
Account Management: DISTELLE reserves the right to close accounts, cancel orders, or restrict future orders at its sole discretion, particularly in cases of suspected fraud or breach of these Terms.
Severability: Each section of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
Waiver: If you breach these Terms and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these Terms. Any waiver of a breach is only valid if provided in writing and signed by an Authorized Manager of DISTELLE.
Force Majeure: Neither DISTELLE nor its Partners will be liable for any failure to perform, or delay in performance of, any of our obligations that is caused by an event outside our reasonable control (e.g., natural disasters, strikes, or global transportation interruptions).
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and DISTELLE, superseding all previous agreements or understandings.
Title 2 - IMPORTANT LEGAL INFORMATION
2.1. Corporate Use and Authority
Corporate Users: If you are accessing the Services on behalf of a company, entity, or organization (a “Corporate User”), you represent and warrant that:
- (a) You are an authorized representative with the legal authority to bind the Corporate User to these Terms of Service;
- (b) You have read, understood, and agreed to these Terms on behalf of said Corporate User.
Prohibited Conduct: Use of the Website is with the express permission of DISTELLE, which may be revoked at any time and for any reason. Unauthorized uses include, but are not limited to:
- Data Harvesting: Collecting user names or email addresses for unsolicited marketing (spam);
- Technical Interference: Scraping the Website, using automated scripts, spiders, robots, crawlers, or data mining tools;
- Fraudulent Activity: Attempting to impersonate another user, providing false information, or using the Website in a misleading manner;
- Security Breaches: Sharing account access with third parties or attempting to disrupt the networks and services connected to the Website;
- Legal Compliance: Using the Website in any manner inconsistent with applicable local and international laws.
User Responsibility & Indemnification: You agree to be personally and/or corporately liable for any violation of these terms. You agree to indemnify, defend, and hold harmless DISTELLE LLC, its officers, directors, employees, agents, and Partners from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Website;
- Your violation of any term of these Terms of Service;
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
Enforcement: Illegal or unauthorized use of the Website will be investigated. DISTELLE reserves the right to take appropriate legal action, including but not limited to civil, criminal, and injunctive redress.
2.2. Age Eligibility and Minors
As stated in Title 1 of these Terms, you must be at least 18 years of age to use the Websites or Services. DISTELLE does not knowingly collect information from individuals under 18. If we learn that a user is under the age of 18, we will terminate their use of the Service immediately.
2.3. Your Use of the Website
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or capture, any content from the Website (the “Content”) or any part of the Website, unless given express permission by DISTELLE.
c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Website, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Website’s offering.
e. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Website or any Content appearing on the Website (other than Your Content).
f. You must not, and must not permit any third party to, copy or adapt the object code of the Website, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website.
g. You must not use the Website to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- Any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in DISTELLE’s sole and reasonable discretion;
- Any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right;
- Any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal or unlawful in DISTELLE’s sole and reasonable opinion; or
- Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
h. You must not rent, sell or lease access to the Website, or any Content on the Website, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
i. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any DISTELLE employee or agent. DISTELLE maintains a zero-tolerance policy regarding the abuse of its representatives. If we determine that your behavior towards any of our employees (whether via the Website, email, phone, or other communication channels) is threatening, offensive, or harassing, we reserve the right to immediately terminate your account, permanently refuse all future transactions, and restrict your future access to the Website. In such cases, DISTELLE shall have no liability for any pending orders, which may be cancelled at our sole discretion.
j. You must not sell or transfer, or offer to sell or transfer, any DISTELLE account to any third party without the prior written approval of DISTELLE.
You agree to comply with the above conditions, and acknowledge and agree that DISTELLE has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
2.4. Access Restriction, Eligibility, and Repeat Violations
This Agreement remains in full force and effect while you use the Website or the Services.
(a) Age Requirement: As stated in Title 1, you must be at least 18 years of age to use the Website. DISTELLE does not knowingly collect information from individuals under 18. If we learn that a user is under the age of 18, we will terminate their access to the Service immediately.
(b) Right to Restrict: DISTELLE reserves the right, in its sole discretion and without notice or liability, to deny access to the Website to any person for any reason, including the blocking of certain IP addresses or email addresses to protect the integrity of the Services.
(c) Repeat Violations: DISTELLE will permanently refuse service to any user determined to have repeatedly breached these Terms. Any user who receives more than two (2) written warnings regarding their conduct or content is liable to be permanently blocked. DISTELLE reserves the right to bypass this warning system for severe violations, including fraud or providing false eligibility information.
(d) Effect of Restriction: Because DISTELLE does not charge a fee for Website access, no compensation is applicable upon the restriction of your access. Any such restriction shall not affect your obligation to pay for orders already accepted by a Partner, unless such orders are cancelled by DISTELLE at its sole discretion pursuant to these Terms.
(e) Survival: All provisions which by their nature should survive (Liability, Indemnity, Intellectual Property, and Governing Law) shall remain in effect even after access is restricted.
2.5 Modifications to Service
DISTELLE reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice.
No Liability for Discontinuance: You agree that DISTELLE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. This includes, but is not limited to, the removal of specific Partners, products, or features from the Website.
Effect on Existing Orders: For the avoidance of doubt, the discontinuance of the Website shall not affect the fulfillment of orders already accepted by a Partner, unless such fulfillment is made impossible by the circumstances causing the discontinuance (see Section 1.14: Force Majeure).
2.6, Intellectual Property Rights
a. Proprietary Protection: You acknowledge that the Website contains images, text, and other content (collectively, "Intellectual Property") protected by copyrights, patents, trademarks, and trade secrets. These rights are valid and protected in all forms, media, and technologies existing now or hereafter developed.
b. Selection and Arrangement: All Intellectual Property is copyrighted under United States copyright laws (and applicable foreign laws). DISTELLE owns the copyright in the selection, coordination, arrangement, and enhancement of such Intellectual Property. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, or create derivative works of any Intellectual Property, in whole or in part.
c. No Ownership Transfer: Downloading or accessing Intellectual Property does not grant you any ownership interest. Use of the Intellectual Property for any purpose other than personal use—or authorized commercial use by an approved Corporate User pursuant to these Terms—including use in printed form or on any other website—is strictly prohibited without prior written consent from DISTELLE.
d. Third-Party Trademarks: All trademarks appearing on the Website are the property of their respective owners (our Partners and Licensors).
2.7. Copyright Policy (DMCA Notice)
DISTELLE respects the intellectual property rights of others and prohibits the posting of any information that violates the copyright or proprietary rights of any person or entity. Notice of Infringement: Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your copyrighted work is being infringed by content on the Website, please send a written notification to our Designated Agent at support@distelle.net. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed right;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing and where it is located on the Website;
(d) Your contact information (name, address, telephone number, and email);
(e) A statement that you have a "good faith belief" that use of the material is not authorized by the copyright owner;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.
Action Taken: DISTELLE will process notices of alleged infringement and take appropriate action as required by the Digital Millennium Copyright Act ("DMCA"). This may include removing the infringing material or disabling access to it. If we remove or disable access to content in response to a DMCA notice, we will make a good-faith attempt to contact the affected user so they may submit a counter-notification pursuant to the DMCA. Repeat Infringers: In accordance with the DMCA and other applicable law, DISTELLE reserves the right to permanently refuse service to any user or Partner who is deemed to be a repeat infringer.
2.8.. Information Accuracy and Reliance
(a) Information Sources: You acknowledge that while DISTELLE publishes the product articles and descriptions on the Website, much of the underlying information, specifications, and imagery is provided by our third-party Partners (the "Source Material »).
(b) Disclaimer of Accuracy: DISTELLE strives to ensure that the Content is accurate and up-to-date. However, DISTELLE does not warrant that product descriptions, pricing, editorial articles, or other Content is accurate, complete, reliable, current, or error-free. To the fullest extent permitted by law, DISTELLE excludes all liability for any typographical errors, inaccuracies, or omissions.
(c) Editorial Discretion: DISTELLE reserves the right to edit, modify, or remove any Content at any time without notice. Our decision to feature certain products or boutiques is an editorial choice and does not constitute an endorsement of the quality or safety of the physical products beyond the scope of our role as a platform provider.
(d) Limitation of Liability: You agree that your use of and reliance on the Content is at your sole risk. DISTELLE shall not be liable for any damages resulting from errors in Content.
2.9. Privacy
Use of the Websites and/or the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference and can be accessed via the dedicated link in the footer of our homepage.
2.10. Availability Outside the U.S.
If you access DISTELLE from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.
2.11. Indemnification and Attorney Fees
(a) Indemnity: You agree to indemnify, defend, and hold harmless DISTELLE LLC, its subsidiaries, affiliates, officers, agents, and employees from and against any loss, liability, claim, or demand arising out of or related to:
- Your use of the Website in violation of this Agreement;
- Any breach of your representations and warranties; or
- Any third-party claim of infringement (IP, privacy, or publicity) arising from Content you submitted.
(b) Responsibility for Legal Costs: In the event that DISTELLE is successful, in whole or in part, in any action or proceeding related to or arising from this Agreement, you shall be responsible for DISTELLE’s reasonable attorneys' fees and costs. This applies to all levels of litigation, including appeals and any insolvency proceedings.
(c) Scope of Activity: This indemnity covers any activity related to your use of the Website, including transactions conducted with your payment information or communication via your email address, unless such activity was caused by the direct, intentional act of DISTELLE.
2.12. Limitation of Liability and Warranty Disclaimer
WARRANTY DISCLAIMER: THE CONTENT AND FUNCTIONALITY OF THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DISTELLE DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DISTELLE MAKES NO WARRANTIES AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIMITATION OF DAMAGES: UNDER NO CIRCUMSTANCES SHALL DISTELLE, ITS OFFICERS, OWNERS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, EQUIPMENT FAILURE, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF DISTELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY CAP: TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DISTELLE LLC AND ITS PARTNERS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE LESSER OF:
(A) FIVE HUNDRED U.S. DOLLARS ($500.00); OR
(B) THE TOTAL COMMISSIONS EARNED BY DISTELLE FROM YOUR TRANSACTIONS IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
THEORY OF LIABILITY: THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED—WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE—AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
2.13. Governing Law and Court Jurisdiction
(a) Choice of Law: You agree that any dispute, claim, or controversy arising out of or relating to the Websites, Services, or this Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflict of law provisions.
(b) Exception to Arbitration: As detailed in Section 2.18, most disputes must be resolved through binding arbitration. However, for any Claims that are legally exempt from arbitration—including individual actions brought in small claims court, or actions seeking emergency injunctive or equitable relief—you and DISTELLE expressly consent to the exclusive personal jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.
2.14. Arbitration Provision and Class Action Waiver
(a) Mandate to Arbitrate: Except where prohibited by law, and subject to the exceptions in Section 2.17(b), you agree that any and all disputes, claims, and causes of action (collectively, "Claims") arising out of or connected with the Websites and/or Service shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA") for full and final settlement.
(b) Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING. > (c) Arbitration Mechanics: Arbitration shall be conducted before a single arbitrator under the Rules for Expedited Procedures of the AAA. If the Claim involves allegations of copyright infringement, the arbitrator must possess verified knowledge and expertise in copyright law. If the parties cannot mutually agree on an arbitrator, an independent mediator with identical qualifications shall select one.
(d) Arbitration Costs: The parties shall split the administrative costs and arbitrator fees, except as otherwise required under applicable AAA Consumer Arbitration Rules or where fee-shifting is mandated by law.
(e) Entry of Judgment: An award rendered by the arbitrator may be entered and confirmed exclusively by the state or federal courts of New Castle County, Delaware, pursuant to Section 2.17.
2.15. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
2.16 Entire Agreement
This Agreement contains the entire agreement between you and DISTELLE regarding the use of the Websites and/or the Service.
2.17. Severability; Waiver.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, DISTELLE’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect DISTELLE’s ability to enforce such term at any point in the future.
2.18. Headings and Acknowledgment
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us at support@distelle.net with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.