Introduction
Order Acceptance and Billing
Pricing and Payment Policy
Promotional Codes
Returns
Product Reviews
Intellectual Property
Indemnification
Disclaimer
Limitations of Liability
General
( For International Shipping, email to dkelan@gmail.com. )
These are the terms and conditions (the “Sale Terms”) that apply when you purchase products on our website including Gift Cards and e-Gift Cards (“merchandise”) from DK Elan. By placing an order for merchandise through dkelan.com, DK Elan website or by phone, you accept these Sale Terms and agree to be bound by them. We may change the Sale Terms from time to time. By continuing to use our website after we post any such changes, you accept the Sale Terms, as modified. If you have any questions about the Sale Terms or any aspect of your order, please contact our Customer Service department by sending us a message through the Contact Us tab that is accessible via the Contact Us link on our website or call 1-847-272-5007 M-F 10 am - 6pm CST to reach a Customer Service Representative.
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Sale Terms and may result in cancellation of your order. Prior to accepting an order, DK Elan reserves the right to request additional information from you to verify your identity and validate the billing information to process your order.
We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. DK Elan may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with a gift or e-gift card or PayPal account.
DK Elan reserves the right in its sole discretion to limit the quantity of items purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. We will notify you should such limits be applied.
DK Elan reserves the right to deny any order for any reason, including, but not limited to, the following situations:
Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
● an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
● incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
● an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
● or any suspected fraudulent information.
Merchandise Shipping Delay or Unavailability
If an item of merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Website relating to the order (for example, an error relating to the price or description of merchandise), DK Elan may cancel the order. If this occurs we will contact you so you are aware.
Previous Fraudulent Order History
DK Elan may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute.
If DK Elan rejects your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once the information in the order is validated. If we do not receive a response from you within seven days, DK Elan may cancel the order.
Pricing for merchandise may be different on our website or from prices available in our stores or through our wholesale partners. Merchandise displayed on our website is available while supplies last. The prices displayed on our Website are quoted in US dollars and are valid only on the US mainland. DK Elan reserves the right to update and make corrections to information on our website at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our website. Price and availability information are subject to change without notice. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price.
Acceptable Forms of Payment: Visa, MasterCard, Discover, American Express, and Pay Pal.
Gift Cards are available for purchase online in any increments of $25, $50 or $100. For more information or to purchase, click here.
Gift Cards may be redeemed online, dkelan.com. Gift Cards also may be redeemed by telephone order (1-847-272-5007) M-F 10 am - 6pm CST
When you purchase Gift Cards, regular shipping charges are added as well as sales tax, if applicable.
Sales tax is collected on total merchandise orders delivered to IL.
Occasionally, DK Elan offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from DK Elan, you will receive e-mail promotions and offers that include special codes for free shipping or other discounts. To sign up for our promotions, please visit Signup page.
By using our website, you acknowledge and agree that excessive abuse or misuse of promotional codes and other promotions may result in cancellation of the order or item. In order to allow fair redemption and distribution of promotions to our registered clients, DK Elan may restrict redemption to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
DK Elan’s intention is to satisfy our customers. For this reason, we will gladly issue a full refund to the original credit card used in the purchase for any unopened, resalable merchandise that is returned within 15 days of the date the merchandise is shipped. After 15 days and up until 30 days following shipment of the merchandise, DK Elan either will issue you a store credit or exchange unopened merchandise, with the customer paying the difference if the merchandise received in exchange exceeds the price of the exchanged merchandise or the customer receiving a store credit for the balance if the merchandise received in exchange is less than the price of the exchanged merchandise. There are no cash refunds. Items purchased with cash may be exchanged, or a credit may be issued. All items must be accompanied by the original receipt and in unopened, saleable condition.
All other returns may be made through our customer service department. We are only able to process returns if the products were purchased from our website or our mail order department. We are not able to process returns that were purchased through any of our wholesale partners.
Need Help?
Email to dkelan@gmail.com or sales@dkelan.com / Call 1-847-272-5007
Please allow two to four weeks from the day you return your merchandise for your request to be processed.
DK Elan welcomes feedback on your experience with our merchandise. We will publish on our website both positive and negative comments, so long as the comments, Reviews are accurate, constructive and not misleading. If you submit Reviews that we do not publish on our website, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Reviews for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Review is not materially altered. By submitting a Review to DK Elan, you hereby grant to DK Elan the unrestricted right to use your Review in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Review by indicating your first name, last initial, city and/or state. Thank you for taking the time to share your thoughts with other DK Elan customers.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by DK Elan, one of its affiliates or by third parties who have licensed their materials to DK Elan and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of DK Elan or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The collection of all IP on our Website is the exclusive property of DK Elan and is also protected by U.S. and international copyright laws.
The trademark and service mark DK Elan, the dkelan.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of DK Elan in the United States and other countries.
You agree to defend, indemnify, and hold harmless DK Elan and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of our website or any breach by you of these Sale Terms.
OUR WEBSITE IS PROVIDED BY DK ELAN ON AN “AS IS” AND “AS AVAILABLE” BASIS. DK ELAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DK ELAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DK ELAN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DK ELAN OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DK ELAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL DK ELAN BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF OUR WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
The foregoing Sale Terms govern all transactions between you and DK Elan through our website and supersede all prior agreements and representations. Headings are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Sale Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms shall remain in full force and effect. The failure of DK Elan to act with respect to a breach of the Sale Terms by you or others does not constitute a waiver and shall not limit DK Elan’s rights with respect to such breach or any subsequent breaches. The Sale Terms shall be governed by and construed under Illinois law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Sale Terms or your use of our website must be brought in the state or federal courts of Illinois, and you hereby consent to the exclusive personal jurisdiction of such courts.
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