Terms of service

1. Introduction

Welcome to dailystore.homes (the "Site"), an online family apparel store operated by CXYZMjjkk Gold LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our Site, including any content, functionality, products, and services offered on or through the Site.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access or use the Site. These Terms apply to all visitors, users, customers, and others who access the Site.

2. Eligibility

By using the Site, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction of residence.

• You have the legal capacity to enter into a binding contract.

• You are not located in a country that is subject to a US government embargo or that has been designated as a "terrorist supporting" country.

• You are not listed on any US government list of prohibited or restricted parties.

If you are using the Site on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

Account Creation: To place orders or access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

Account Responsibility: You are solely responsible for:

• Maintaining the confidentiality of your account password

• All activities that occur under your account, whether or not you authorized them

• Notifying us immediately of any unauthorized access to or use of your account

Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Account Security Best Practices: We recommend using a strong, unique password that you do not use on other websites. We will never ask you for your password via email or phone.

4. Product Information and Pricing

Product Descriptions: We strive to display accurate product descriptions, colors, sizes, and images on our Site. However, we do not warrant that product descriptions, colors (as displayed on your monitor), or other content is accurate, complete, reliable, current, or error-free.

Colors: The actual colors of products may vary depending on your computer monitor or device display settings. We cannot guarantee that your monitor‘s display of any color will be accurate.

Sizing: Size charts provided on product pages are general guides. Fit may vary by style, fabric, and individual body shape. We encourage you to review size charts carefully before ordering.

Pricing Errors: While we make every effort to ensure accurate pricing, errors may occasionally occur. If a product is listed at an incorrect price due to a typographical, technical, or other error:

• We reserve the right to refuse or cancel any orders placed for products listed at the incorrect price.

• If your order is cancelled after your payment has been processed, we will issue a full refund to your original payment method.

Product Availability: All products are subject to availability. We reserve the right to:

• Discontinue any product at any time without notice

• Limit the quantity of products available for purchase

• Refuse or cancel orders for any reason, including suspected resale or fraud

5. Orders and Acceptance

Order Confirmation: After you place an order, you will receive an email acknowledging receipt of your order. This email does not constitute acceptance of your order. Your order constitutes an offer to purchase products from us.

Order Acceptance: We reserve the right to accept or reject your order for any reason, including but not limited to:

• Product unavailability

• Pricing errors

• Payment authorization failure

• Suspicion of fraudulent or resale activity

• Shipping restrictions to your location

Order Cancellation: We may cancel your order at any time before shipment. If we cancel your order, we will notify you by email and issue a full refund to your original payment method.

Order Limits: We reserve the right to limit the quantity of items purchased per person, per household, or per order. These limits may apply to orders placed using the same account, the same billing address, or the same shipping address.

6. Pricing, Taxes, and Fees

Prices: All prices displayed on the Site are in United States Dollars (USD). Prices are subject to change without notice. Changes will not affect orders that have already been accepted and shipped.

Taxes: You are responsible for all applicable federal, state, local, and international taxes, duties, and customs fees associated with your order. Sales tax is calculated at checkout based on your shipping address.

Shipping Fees: Shipping costs are calculated at checkout based on the shipping method selected and the destination. These fees are non-refundable except in cases where we shipped the wrong item or the item was defective (see Exchange & Return Policy).

International Fees: For international orders, you are solely responsible for any customs duties, import taxes, VAT, brokerage fees, or other charges imposed by your country‘s customs authorities.

7. Payment Terms

All payments must be made using one of the accepted payment methods listed in our Payment Policy. By providing a payment method, you represent and warrant that:

• You are authorized to use the payment method

• The billing information you provide is accurate and complete

• You will pay all charges incurred under your account, including applicable taxes and fees

For detailed payment terms, including authorization holds, declined payments, and refunds, please refer to our separate Payment Policy, which is incorporated into these Terms by reference.

8. Shipping and Delivery

Title and risk of loss for products purchased from our Site pass to you upon delivery of the products to the carrier. This means that once the carrier takes possession of your package, we are no longer responsible for loss, damage, or delay caused by the carrier, except as expressly stated in our Shipping Policy.

For complete shipping terms, including processing times, delivery estimates, international shipping, and lost package procedures, please refer to our separate Shipping Policy, which is incorporated into these Terms by reference.

9. Returns, Exchanges, and Refunds

All returns, exchanges, and refunds are governed by our Exchange & Return Policy, which is incorporated into these Terms by reference. Key terms include:

• Returns must be initiated within 30 days of delivery

• Items must be unworn, unwashed, and with original tags attached

• Non-returnable items include undergarments, final sale items, and gift cards

• Return shipping costs are the customer‘s responsibility unless the return is due to our error

Please review the full Exchange & Return Policy before making a purchase.

10. Prohibited Conduct

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. Prohibited conduct includes, but is not limited to:

Violation of these prohibitions may result in immediate account termination, legal action, and referral to law enforcement authorities.

11. Intellectual Property Rights

Our Content: The Site and its entire contents, features, and functionality (including but not limited to all text, graphics, logos, images, product designs, software, and the compilation thereof) are owned by CXYZMjjkk Gold LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks: The CXYZMjjkk Gold LLC name, logo, and all related names, logos, product names, designs, and slogans are trademarks of CXYZMjjkk Gold LLC. You may not use these marks without our prior written permission.

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial shopping purposes. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, or create derivative works from any content on the Site

• Use any data mining, robots, or similar data gathering or extraction methods

• Remove any copyright or other proprietary notices from content

User Content: If you submit product reviews, comments, or other content to our Site, 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 that you own or have the necessary rights to grant this license.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, CXYZMjjkk Gold LLC PROVIDES THE SITE AND ALL PRODUCTS PURCHASED THROUGH THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING:

• THE OPERATION OR AVAILABILITY OF THE SITE

• THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE

• THE QUALITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCTS PURCHASED

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CXYZMjjkk Gold LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL

• COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS

ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR PRODUCTS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless CXYZMjjkk Gold LLC, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys‘ fees) arising out of or relating to:

• Your violation of these Terms

• Your use of the Site, including any content you submit

• Your violation of any applicable law or the rights of any third party

• Any fraudulent or abusive activity related to your account or orders

15. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by CXYZMjjkk Gold LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party website. We encourage you to read the terms and conditions and privacy policies of any third-party website you visit.

16. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms if the delay or failure is caused by events beyond our reasonable control, including but not limited to:

• Acts of God (fire, flood, earthquake, hurricane, natural disaster)

• War, terrorism, riots, civil unrest

• Government actions, embargoes, or sanctions

• Labor strikes or shortages

• Internet or telecommunications failures

• Supply chain disruptions

• Pandemics, epidemics, or public health emergencies

If a force majeure event occurs, our obligations will be suspended for the duration of the event, and we will use reasonable efforts to resume performance as soon as practicable.

17. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute arising out of or relating to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflict of laws principles.

Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved through the following process:

1. Informal Resolution: You agree to first contact us at nice@dailystore.homes to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

2. Binding Arbitration: If the dispute cannot be resolved informally, you agree that the dispute shall be resolved by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in Lexington, Kentucky.

3. No Class Actions: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You and CXYZMjjkk Gold LLC expressly waive the right to participate in a class action lawsuit or class-wide arbitration.

Exceptions to Arbitration: You or we may bring a lawsuit in small claims court (if the claim qualifies) or seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights without first engaging in arbitration.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

19. Waiver

No waiver by CXYZMjjkk Gold LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to enforce a right or provision of these Terms shall not constitute a waiver of that right or provision.

20. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Exchange & Return Policy, and Payment Policy, constitute the entire agreement between you and CXYZMjjkk Gold LLC regarding your use of the Site and purchase of products, superseding any prior agreements or understandings, whether written or oral.

21. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. The most current version will be posted on the Site with the "Last Updated" date at the top of this page.

If we make material changes to these Terms, we will notify you by:

• Posting a prominent notice on our Site

• Sending an email to the address associated with your account (if you have one)

Your continued use of the Site after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using the Site.

22. Contact Information

For any questions, concerns, or notices regarding these Terms of Service, please contact us:

• Email: nice@dailystore.homes

• Company: CXYZMjjkk Gold LLC

• Mailing Address: 955 LACE FERN RD,Orlando,FL 32811

For legal notices, please include "LEGAL NOTICE" in the subject line of your email to ensure proper handling.