Dessy.com Terms of Use

Last Updated and Effective as of: September 8, 2026

 

1. Acceptance of These Terms

These Terms of Use ("Terms") are a binding legal agreement between you and The Dessy Group ("Company," "we," "us," or "our") and govern your access to and use of the website located at dessy.com, including all content, features, products, and services made available through it (collectively, the "Site").

By accessing or using the Site, creating an account, or placing an order, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Site. Section 17 contains a binding arbitration provision and a class-action and mass-arbitration waiver that affect your legal rights. Please read it carefully.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, and able to form a binding contract, to make a purchase or create an account. By using the Site you represent that you meet these requirements and that all information you provide is accurate and current. The Site is intended for users in the United States; see Section 25.

3. Changes to the Terms

We may modify these Terms at any time in our discretion. Revised Terms are effective when posted, and we will update the "Last Updated" date above. For material changes, we will provide reasonable notice (such as posting a notice on the Site). Your continued use of the Site after revised Terms are posted constitutes your acceptance. If you do not agree to the revised Terms, you must stop using the Site.

4. The Site, Hosting Platform, and Third-Party Services

The Site is hosted and operated on a third-party e-commerce platform (currently Shopify), and certain functions — including checkout, payment processing, hosting, and communications — are provided by Shopify and other third-party service providers. Your use of those functions may also be subject to the applicable third party’s terms and privacy practices. We are not responsible for the acts or omissions of third-party platforms or providers, and their inclusion does not imply our endorsement. We may add, change, suspend, or discontinue any part of the Site at any time without liability.

5. Accounts and Registration

You may need to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately at support@dessy.com of any unauthorized use. We may suspend or terminate your account at any time for any reason, including suspected violation of these Terms.

6. Orders, Pricing, and Payment

Order acceptance. Your submission of an order is an offer to purchase. All orders are subject to our acceptance, and a confirmation of receipt (including any automated confirmation generated by the platform) does not constitute acceptance. We reserve the right to accept or decline any order, to limit or cancel quantities, and to refuse service to anyone, at any time. A binding contract of sale is formed only when we ship the applicable product.

Pricing and errors. All prices are in U.S. dollars and are subject to change without notice. Despite our efforts, products may occasionally be mispriced, described inaccurately, or shown as available when they are not. We reserve the right to correct any errors and to cancel or refuse any order placed based on an incorrect price or other error, even after an order has been confirmed and/or your payment method charged. If we cancel an order after you were charged, we will issue a refund of the amount charged.

Payment. Payment is processed through third-party payment processors (including Shopify Payments and other providers). By submitting payment information, you represent that you are authorized to use the payment method and you authorize us (through our processors) to charge the total order amount, including taxes and shipping. We do not store full payment-card numbers; card data is handled by our processors under their terms and security standards. You are responsible for all applicable taxes.

7. Shipping, Returns, and Exchanges

Shipping timeframes are estimates only. Unless otherwise stated, risk of loss and title pass to you upon our delivery of the products to the carrier. Returns, exchanges, and cancellations are governed by the return/exchange policy posted on the Site, which is incorporated by reference. Certain items (for example, custom, made-to-order, or final-sale merchandise) may be non-returnable, as indicated on the Site.

8. Promotions, Discount Codes, and Gift Cards

Promotions, discount codes, and gift cards are subject to any additional terms disclosed at the time of offer, may be modified or discontinued at any time, cannot be combined unless stated, have no cash value except as required by law, and may not be transferred or resold. We may void promotions or orders obtained through error, fraud, or abuse.

9. Product Descriptions, Colors, and Availability

We strive for accuracy, but we do not warrant that product descriptions, colors, images, dimensions, availability, or other content on the Site are accurate, complete, current, or error-free. Actual colors may vary based on your device and screen settings. Products are subject to availability, and we may discontinue any product at any time.

10. Intellectual Property

The Site and all content on it — including text, graphics, logos, images, product designs, photographs, page layouts, software, and their selection and arrangement (collectively, "Content") — are owned by or licensed to the Company and are protected by U.S. and international intellectual-property laws. The "Dessy" name and marks are trademarks of the Company. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, frame, scrape, data-mine, or exploit any Content without our prior written consent. All rights not expressly granted are reserved.

11. User Content and Feedback

If you submit, post, or upload any content — such as reviews, comments, photos, or other materials ("User Content") — you grant the Company a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that User Content in any media for any purpose, including marketing. You represent that you own or control the rights to your User Content, that it is accurate, and that it does not violate these Terms or any third-party right. We may, but are not obligated to, monitor, remove, or edit User Content in our discretion.

You agree that we are free to use any ideas, concepts, know-how, suggestions, or feedback you send us, without attribution or compensation and for any purpose.

12. Acceptable Use

You agree not to: (a) use the Site for any unlawful purpose or in violation of these Terms; (b) infringe any intellectual-property or other right; (c) upload viruses or malicious code, or otherwise interfere with the Site’s operation or security; (d) access the Site by automated means (bots, scrapers, crawlers) except as permitted by our robots.txt; (e) attempt to gain unauthorized access to any account, system, or data; (f) engage in fraudulent, deceptive, harassing, or abusive conduct; (g) resell or make commercial use of the Site or products without authorization; or (h) place orders using false or fraudulent information. We may investigate and take legal action against violations.

13. Third-Party Links and Services

The Site may contain links to, or integrations with, third-party websites and services (including social-networking services). We do not control and are not responsible for their content, products, or privacy practices. Your dealings with third parties are solely between you and them.

14. Disclaimer of Warranties

THE SITE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE, PRODUCTS, OR SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Site, your User Content, your violation of these Terms, or your violation of any law or third-party right.

17. Dispute Resolution — Binding Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

(a) Informal resolution first. Before initiating arbitration, you agree to first contact us at support@dessy.com with a written description of the dispute and to attempt to resolve it informally for at least 60 days.

(b) Agreement to arbitrate. If we cannot resolve the dispute informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to the Site, products, services, or these Terms (including their breach, enforcement, interpretation, validity, or the scope of this arbitration provision) will be resolved by final and binding arbitration, rather than in court, except as set out in subsection (f). This provision is governed by the Federal Arbitration Act.

(c) Arbitration administration. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator, seated in New York County, New York, or, at your election, by telephone, video, or written submissions. The arbitrator’s award may be entered in any court of competent jurisdiction.

(d) CLASS-ACTION AND MASS-ARBITRATION WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and heard in court, but the remainder of this Section 17 will remain in effect.

(e) JURY-TRIAL WAIVER. To the extent any dispute is not subject to arbitration, you and the Company each waive any right to a jury trial.

(f) Exceptions. Either party may (i) bring an individual claim in small-claims court if it qualifies, and (ii) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights or address unauthorized access or misuse of the Site.

(g) 30-DAY RIGHT TO OPT OUT. You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice to The Dessy Group, 8 West 38th Street, 4th Floor, New York, NY 10018, or support@dessy.com, stating your name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms.

(h) Survival. This Section 17 survives termination of these Terms and your use of the Site.

18. Governing Law and Venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. For any such dispute, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

19. Time Limitation on Claims

To the fullest extent permitted by law, any claim arising out of or relating to the Site, products, services, or these Terms must be filed within ONE (1) YEAR after the claim arose; otherwise, it is permanently barred.

20. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

21. Electronic Communications and Consent (E-SIGN)

By using the Site, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You agree that electronic records and signatures have the same legal effect as handwritten ones.

22. Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, labor disputes, supplier or carrier failures, platform or internet outages, pandemics, or governmental actions.

23. Termination

We may suspend or terminate your access to the Site, or cancel any order, at any time and for any reason, without notice or liability. Provisions that by their nature should survive termination — including Sections 10, 11, 14, 15, 16, 17, 18, 19, and 24 — will survive.

24. General

These Terms, together with the Privacy Policy and any policies posted on the Site, constitute the entire agreement between you and the Company regarding the Site and supersede all prior agreements. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.

25. International Users and Export

The Site is controlled and operated from the United States and is intended for U.S. users. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local laws. You agree to comply with all applicable U.S. export-control and sanctions laws.

26. Accessibility

We are committed to making the Site accessible to all users and strive to conform to applicable accessibility standards. If you encounter difficulty using any part of the Site, please contact us at support@dessy.com or 800-444-8304 so we can assist you and work to address the issue.

27. Contact Us

Questions about these Terms may be directed to:

The Dessy Group
8 West 38th Street, 4th Floor
New York, NY 10018
Email: support@dessy.com
Phone: 800-444-8304