1. These terms
These terms of sale (“Terms”) form a binding agreement between you and Digital Dunia LLC whenever you use delavaga.com (the “Site”) or place an order on it. By ticking the box at checkout and placing an order, you accept them. Our refund policy, shipping policy, privacy policy and cookie policy form part of them.
Nothing in these Terms takes away the rights you have as a consumer under the law of the country you live in where that law cannot be excluded by contract. Where these Terms and such a law conflict, the law wins.
2. Who you are buying from
The seller of every product on the Site is Digital Dunia LLC, a Florida limited liability company (Florida document number L23000552723), trading as delavaga, of 2880 W Oakland Park Blvd, Suite 225C, Oakland Park, FL 33311, United States. Email support@delavaga.com. “We”, “us” and “our” mean Digital Dunia LLC; “you” means the person placing the order.
3. Who can buy
You must be at least 18, or the age of majority where you live, to place an order — or be using the Site with the involvement of a parent or guardian who accepts these Terms. The Site is for buying goods for personal use; please contact us about wholesale or resale.
We deliver only to the US, Canada, the UK and Australia.
4. What you are buying
Every item is made to order. Nothing is held in stock: your order is what causes the item to be printed, by a production partner working for us. That affects how cancellations and returns work (sections 9 and 10).
- Images are mockups. Product photographs show the design digitally placed on the item. Colours can look different between a screen and a printed surface, and between batches of the same blank garment.
- Small variations are normal. Print placement can vary by up to about 2.5 cm (1 inch), and size by the manufacturer’s stated tolerance. These are not defects.
- Sizes come from the garment manufacturer, not from us, and differ from brand to brand. Please check the size guide and the measurements on each product page.
- Care instructions are on each product page; following them keeps the print intact.
We try to describe every product accurately. If an item you receive is materially different from its description, that is a fault and is covered by section 10.
5. Placing an order
Placing an order is an offer to buy. We accept it, and the contract forms, when we email you an order confirmation. Until then we may decline an order — for example if the address cannot be delivered to, if a price or description was shown in error, or if the payment looks fraudulent. If we decline an order after payment has been taken, we refund it in full.
Please check your order, especially the size, colour and delivery address, before you pay. Production starts quickly and a mistake may not be fixable once it has.
6. Prices, taxes and duties
Prices are shown in US dollars. On the payment page, our payment processor may offer to charge you in your own currency instead, at an exchange rate it shows you before you pay; you can choose either. If you pay in US dollars with a card in another currency, your bank converts it and may charge a fee, and that rate is set by them, not us.
Standard shipping is free to every country we deliver to — the cost is included in the product price. The amount shown at the end of checkout is the amount you are charged; we add nothing afterwards. Where we are required by law to collect a sales tax, VAT or GST, it is shown at checkout.
Orders delivered outside the United States are imported into the destination country. Its customs authority or the carrier may charge import duties, taxes or handling fees on delivery. Unless we collected them at checkout, these are payable by the recipient and are not refunded by us. The shipping policy has more detail for each country.
We may change prices at any time, but a change never affects an order that has already been placed. If a product is shown at an obviously wrong price because of an error, we may cancel the order and refund you rather than supply it at that price.
7. Payment
Payment is taken at checkout on the secure page of our payment processor, Stripe, which accepts the cards and wallets shown there. Your payment details go directly to the processor; we never receive or store your card number. Payment is taken in full when you order, because production starts straight after.
8. Shipping and delivery
Delivery times are estimates, made up of production time and carrier transit time, and are set out in the shipping policy. We cannot guarantee them, because carriers and customs are outside our control, but we will help if a parcel is late. An order may arrive in more than one parcel.
Ownership of the goods passes to you when we receive payment. The risk of loss or damage passes to you on delivery to the address you gave us; if a parcel is lost or damaged before that, it is our problem to fix, as the refund policy explains. You are responsible for giving a complete and accurate delivery address.
9. Changing or cancelling an order
Until an order has been sent to production we can usually change or cancel it and refund you in full. Once production has started the item exists and cannot be un-made, so we cannot cancel it — except where the law gives you a right to cancel, described in the refund policy (for example, customers in the United Kingdom). Email us as soon as possible if you need to change something.
10. Faults, returns and refunds
If an item arrives damaged, defective, misprinted or different from what you ordered, tell us within 30 days of delivery and we will reprint it or refund it, at no cost to you. Because every item is made to order, we do not accept returns simply because you changed your mind or ordered the wrong size, unless the law where you live gives you that right. The full process, and the rights that apply in each country, are in the refund policy.
For customers in Australia: our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
11. Payment disputes
If something is wrong with an order, please write to us before opening a dispute or chargeback with your bank. We can usually fix it faster, and a chargeback freezes the order while the bank investigates. This does not limit your right to dispute a charge.
12. Designs and intellectual property
The designs and artwork on our products, the delavaga name and logo, the photography, text and software of the Site belong to us or to the people who licensed them to us, and are protected by copyright and trademark law. Buying an item gives you ownership of that physical item. It does not give you any right to copy, reproduce, resell or otherwise use the design, for example to print your own goods. Use of our marks is covered on the brand marks page.
If you believe something on the Site infringes your rights, email us with the details and we will look into it promptly.
13. Using the site
You agree not to:
- use the Site for anything unlawful or fraudulent, or place orders with payment details you are not authorised to use;
- scrape, copy or harvest the Site or its content by automated means, except as a search engine indexing public pages;
- attack, overload or probe the Site or its infrastructure, or try to access anyone else’s account or order;
- upload or send anything that contains malware or infringes someone else’s rights.
We may suspend access or cancel orders where we reasonably believe that is happening. We may also change, suspend or withdraw any part of the Site.
14. Accounts
An account is optional; guest checkout is always available. Accounts sign in with a passkey through our sign-in provider, Paswad, so there is no password to lose. Keep the device that holds your passkey secure, and tell us promptly if you think someone else has used your account. You can ask us to close your account at any time.
15. Third-party services
Payment, delivery, sign-in and reviews are provided by other companies, named in the privacy policy. Their own terms apply to your use of their services. We are not responsible for their websites, but we remain responsible to you for your order.
16. Disclaimers
Except as expressly set out in these Terms and to the extent permitted by law, the Site and its content are provided “as is” and “as available”, and we disclaim all implied warranties, including of merchantability, fitness for a particular purpose and non-infringement.
This does not affect the guarantees and rights you have under consumer law that cannot be excluded — including the Australian Consumer Law, the UK Consumer Rights Act 2015 and the consumer protection laws of Canadian provinces and US states. In particular, it does not affect your right to goods that match their description and are of satisfactory quality.
17. Limitation of liability
To the extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, data or goodwill, arising from the Site or your order. Our total liability to you for any order is limited to the amount you paid for that order.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights as a consumer, or for anything else that cannot be limited or excluded by law. Some places do not allow certain limitations, so parts of this section may not apply to you.
18. Your responsibility for misuse
If you break section 13 or use the Site unlawfully, and a third party makes a claim against us as a result, you agree to cover the reasonable losses and costs we incur because of it. This does not apply to anything you do as an ordinary customer buying goods.
19. Events outside our control
We are not responsible for delays or failures caused by events outside our reasonable control — for example carrier or customs delays, strikes, natural disasters, pandemics, outages of third-party services, or government action. If such an event means we cannot fulfil your order within a reasonable time, we will tell you and you can cancel it for a full refund.
20. Governing law and disputes
If you have a problem, please email us first; we will try to resolve it within 30 days.
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules. Any dispute that we cannot resolve informally will be heard by the state or federal courts located in Broward County, Florida, and you and we submit to their jurisdiction. Either of us may instead bring a claim in a small-claims court that has jurisdiction.
If you are a consumer living outside the United States, this choice of law does not deprive you of the protection of the mandatory laws of the country where you live, and you may bring proceedings in your local courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
21. Changes to these terms
We may update these Terms from time to time and will change the date at the top when we do. The version that applies to an order is the one published when you placed it, so a later change never alters a purchase you have already made.
22. General
- These Terms, with the policies they refer to, are the entire agreement between you and us about your order.
- If a court finds part of these Terms unenforceable, the rest remains in force.
- If we do not enforce a right straight away, we can still enforce it later.
- You may not transfer your rights under these Terms. We may transfer ours to a successor business, and it will not reduce your rights.
- We communicate with you by email and on the Site, and you agree that these are valid ways to receive notices and records in writing.
- These Terms are written in English, and the English version governs.
23. Contact
Digital Dunia LLC, 2880 W Oakland Park Blvd, Suite 225C, Oakland Park, FL 33311, United States. Email support@delavaga.com. A person reads every message.