Refund policy
Returns and Refunds
This Policy was last updated on 27 March 2024.
This is the Returns, Refunds, Disputes, and Chargebacks Policy (“Policy”) of Day + West (“Company,” “we,” “us,” or “our”).
Placing an order on our site is your affirmative consent to the following Policy. These terms constitute a binding and enforceable agreement, so please read them carefully.
- REFUNDS AND RETURNS
Except for any products designated on the Site as final sale, clearance, or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such a return is made within 30 days of placing your order with valid proof of purchase, and provided such products are returned in their original condition. To return products, you must email our Returns Department at customercare@dayandwest.com to obtain a Return Goods Authorization (“RGA”) number before shipping your product. No returns of any type will be accepted without an RGA number.
You are responsible for all shipping and handling charges on non-defective returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately 20 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- CHARGEBACKS, PAYMENT REVERSALS, AND DEFAULTED PAYMENTS
By placing an order on our Site you agree to reimburse us for all collection and/or legal fees and expenses necessitated by any defaulted payments and wrongful chargebacks, or payment reversals.
You agree and understand that the charges on a credit card or for any check for your duly authorized purchase of any of our products or services are irrevocable and may not be charged back now or in the future, byt your credit card company, banking institution, or payment processor, and that your initiating a chargeback is a material breach of this Agreement for which we shall be entitled to attorney fees and the costs and fees associated with addressing a chargeback, in addition to the amount challenged.
We shall have at our sole disposal any other legal remedy we independently choose to pursue in order to collect any monies owed to us by you. Notwithstanding anything in these Terms to the contrary, we explicitly reserve the right to use and disclose your personal and sensitive information to third parties to the extent reasonably necessary to enforce our rights under these Terms. The information disclosed may include, but is not limited to, your name, email addresses, purchase date, purchase amount, and billing addresses. You further agree that proof of purchase by you is all that is necessary to establish to the credit card agency, banking institution, or payment processor to deny a chargeback initiated by you.
- DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND AND YOUR COMPANY ARE AGREEING TO GIVE UP RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Unless exclusive remedies have been explicitly provided for otherwise in this agreement and the aggrieved party seeks to enforce its rights in accordance with those remedies, and unless an action seeking only injunctive relief or an action to enforce an arbitrator’s award is sought, the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement shall be as follows:
FOR ANY DISPUTE, CLAIM OR CONTROVERSY UNDER $25,000 IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH DISPUTE SHALL BE RESOLVED BY ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS SMALL CLAIMS RULES & PROCEDURES EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. FOR ANY DISPUTE, CLAIM OR CONTROVERSY $25,000.00 OR MORE IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS FASSTRACK RULES & PROCEDURES FOR CLAIMS OVER $25,000 EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY HEREBY EXPRESSLY CONSENTS TO ANY SUCH DISPUTES BEING SO RESOLVED BY THESE ARBITRATION TERMS.
Each party hereby expressly consents to any such disputes being so resolved by these arbitration terms, and that all proceedings be exclusively conducted electronically via secure video chat, when available. If electronic attendance is not available, all arbitration hearings shall be conducted in any suitable facility located in the Vienna, Virginia area. The parties consent to electronic service of process, with service to be made to the following email addresses: gabrielle@dayandwest.com and customercare@dayandwest.com.
Each party agrees that:
- Videoconferencing constitutes an acceptable means of communication permitted by the applicable rules, including those at the juridical seat of the arbitration;
- The parties have agreed to the use of videoconferencing as the means for conducting the arbitrary hearing; and
- No party will seek to vacate any resultant arbitral award on the basis that the arbitral hearing was not held in person.
The Parties agree to split all arbitration fees evenly, excluding any professional fees paid by each Party to their respective legal counsel. The parties agree that in the event of confirmation and enforcement, the delinquent party will be responsible for any attorney, court or other fees associated with such action.
Judgment on the award rendered and any arbitration hearing shall be binding and entered in any court having jurisdiction. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or the arbitrability of any claim or counterclaim.The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as a contract independent of the other terms of the Terms. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced.
Both parties shall be obligated to the arbitration procedures contained herein and understand that decisions rendered by the arbitrator(s) are non-appealable. In the event that neither party demands arbitration, or in the event that arbitration is inapplicable or impossible, the Parties agree that Fairfax County, Virginia will be the sole agreed venue for litigation necessary to enforce the agreements set forth herein.
Nothing in this Agreement shall prevent either Party from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to prevent immediate loss. Either Party shall also be entitled to file in any court having jurisdiction any suit necessary to enforce a decision or award resulting from any arbitration or other proceeding.
The arbitrator or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- LIMITATIONS ON TIME TO FILE A CLAIM
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH A CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- ENTIRE AGREEMENT
The following documents shall together constitute the final integrated agreement between you and us on the matters contained in these Terms:
- Our order confirmation
- This Returns, Refunds, Disputes, and Chargeback Policy
- Any license agreement relating to any product or service you obtain on or through this site
- Our Website Terms of Sale
- Our SMS Policy
- Our Privacy Policy
- Our Cookie Policy located at www.osana.com
- Our Copyright Policy