Terms of Service

Please read these terms carefully before using our website and services

Agreement to Terms

Welcome to David Macllian. These Terms of Service ("Terms") constitute a legally binding agreement between you and David Macllian ("we," "us," or "our") regarding your access to and use of our website, products, and services. By accessing our website, placing an order, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our website or services. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting. Your continued use of our website following any changes constitutes your acceptance of the revised Terms.

Use of Our Website

Eligibility

By using our website, you represent and warrant that you are at least 16 years of age or have reached the age of majority in your jurisdiction, whichever is greater. If you are using our website on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

Account Registration

To access certain features of our website, you may need to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete, or if you violate these Terms.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using our website for any illegal purpose or in violation of any local, state, national, or international law
  • Attempting to interfere with the proper functioning of our website or services
  • Attempting to gain unauthorized access to our systems or user accounts
  • Using any automated means to access or scrape our website
  • Uploading or transmitting viruses, malware, or other harmful code
  • Impersonating any person or entity or misrepresenting your affiliation
  • Harassing, threatening, or intimidating other users or our staff
  • Using our products or services for any unauthorized commercial purpose

Orders and Payment

Product Information

We make every effort to display our products and their colors accurately. However, we cannot guarantee that your computer monitor's display of any color will be accurate. Product descriptions, pricing, and availability are subject to change without notice.

Order Acceptance

All orders placed through our website are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

  • Product availability
  • Errors in product information or pricing
  • Suspected fraud or unauthorized activity
  • Violations of these Terms

Upon placing an order, you will receive an order confirmation email. This confirmation does not constitute our acceptance of your order; it merely confirms that we have received your order request. We will notify you of our acceptance by sending a shipping confirmation email.

Pricing and Payment

All prices are displayed in the currency selected and are exclusive of applicable taxes and shipping charges unless otherwise stated. We reserve the right to change prices at any time without prior notice.

Payment must be received before we process and ship your order. We accept various payment methods as indicated on our website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

Currency Conversion

If your payment currency differs from the currency in which prices are displayed, your payment provider may charge currency conversion fees. We are not responsible for these fees or for any discrepancies arising from exchange rate fluctuations.

Shipping and Delivery

We ship to the addresses specified by you during the ordering process. Delivery times are estimates and are not guaranteed. Risk of loss and title for items purchased pass to you upon delivery of the items to the carrier.

We are not responsible for delays caused by customs, carrier delays, or circumstances beyond our control. Please refer to our Shipping Information page for complete details.

Returns and Refunds

Our return and refund policies are outlined in detail on our Returns & Exchanges page, which is incorporated into these Terms by reference. By making a purchase, you agree to the terms of our return policy.

Intellectual Property Rights

Our Content

All content on our website, including but not limited to text, graphics, logos, images, product descriptions, software, and the compilation thereof, is the property of David Macllian or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent, except as necessary for your personal, non-commercial use.

Trademarks

The David Macllian name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of David Macllian or our affiliates. You may not use such marks without our prior written permission.

User Content

If you submit any content to our website, including reviews, comments, or photos, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or control all rights to the content you submit, that the content is accurate, and that use of the content does not violate these Terms or any law.

Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that our website will be uninterrupted, timely, secure, or error-free
  • Warranties that the results obtained from using our website will be accurate or reliable
  • Warranties regarding the quality of any products, services, information, or other material purchased or obtained through our website

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DAVID MACLLIAN AND OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use our website or services
  • Any conduct or content of any third party on our website
  • Any content obtained from our website
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.

Indemnification

You agree to defend, indemnify, and hold harmless David Macllian and our directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our website or services.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which David Macllian is established, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of that jurisdiction.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and David Macllian regarding your use of our website and services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms, please contact us at:

Email: [email protected]
Business Hours: Monday - Friday, 9:00 AM - 6:00 PM EST

Last Updated: June 2026