Terms & Conditions
[Last Updated April 05, 2021]
Welcome to Donalala. The Donalala.com website, Donalala mobile and iPad apps, and our mobile Donalala site are collectively the “Donalala Properties” and each individually is a “Donalala Property.” By using any Donalala Property and its related services, products, and software, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Donalala Property. Additional or separate terms may apply to your interactions with other Donalala websites, and to your use of individual services or features available on a Donalala Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to “Donalala,” “our,” “we,” or “us” may refer to Donalala Group LLC, and their affiliates, subsidiaries, and designees. We may make changes to any Donalala Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Donalala Properties.
Use of the Donalala Properties
You may use the Donalala Properties for your personal, noncommercial use only. You may not use any Donalala Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Donalala Properties only with involvement of a parent or guardian.
Information on Our Site
We try to be as accurate as possible with the information we present on the Donalala Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. For digital items, we’ll charge your payment method when you initiate the download of the product or the product is placed in your account and available for use. For special-delivery items, we’ll charge your payment method when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
My Donalala® Rewards
When you create an account on a Donalala Property, we will automatically enroll you in the My Donalala rewards. The My Donalala rewards is a free program in which you receive points toward reward certificates, which are coupons for discounts on future purchases at Donalala. See My Donalala Rewards terms.
All content included on or comprising the Donalala Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Donalala owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Donalala and other trademarks on the Donalala Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Donalala and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the Donalala Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Donalala a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Donalala to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide the Donalala Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Donalala designated agent to receive notifications of claimed infringement can be reached by:
For additional information regarding this procedure, please reference 17 USC 512.
Disclaimers and Limitation of Liability
DONALALA PROVIDES THE DONALALA PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE DONALALA PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY DONALALA PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A DONALALA PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DONALALA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY DONALALA PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A DONALALA PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A DONALALA PROPERTY OR DONALALA GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
Links to Third-Party Websites
Certain software or other materials (“Software”) that you may obtain through the Donalala Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Donalala Properties only for lawful purposes. Activities including, but not limited to, tampering with any Donalala Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Donalala Properties are prohibited.
You may not violate or attempt to violate the security of the Donalala Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Donalala Property for unintended purposes or trying to change the behavior of any Donalala Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Donalala Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Donalala (impersonating Donalala) or to any Donalala Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of Donalala, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Donalala Property or any activity being conducted on any Donalala Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Donalala Property other than the search engine and search agents we provide and generally publicly available browsers.
Dispute Resolution by Binding Individual Arbitration
ANY DISPUTE INVOLVING YOU AND DONALALA OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.
“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with Donalala and its subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes (1) the My Donalala® rewards; (2) use of Donalala’s websites; (3) any service terms and conditions; and/or (4) any products or services offered, sold, or distributed by Donalala including, but not limited to, the advertising of or the sales practices for such products and services. Dispute shall also include all disputes that arose before your enrollment in the My Donalala® rewards and after the cancellation or termination of the My Donalala® rewards, including any claims that are the subject of a purported class action litigation.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. You may serve a copy of a demand on our registered agent Northwest Registered Agent, LLC. Street Address: 5900 Balcones Drive, Suite 100, Austin, TX 78731-78731. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, however we will reimburse those fees (but not any attorney’s fees) for claims totaling less than $1,000 unless the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Donalala for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
YOU AND DONALALA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Donalala agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST DONALALA.
The following policies also govern your use of the Donalala Properties and are incorporated by reference into the Terms:
Price Match Guarantee
Returns & Exchanges
Special Offers & Digital Coupons
Termination of Use
We may, in our sole discretion, terminate your account or your use of the Donalala Properties at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Donalala Property at any time without prior notice.
Privacy & Safety
With those disclaimers out of the way, here’s our most important highlight:
Donalala’s purpose is to enrich lives through technology. We will only collect, use, or share your personally identifiable information for that purpose. And we don’t sell (as “sell” is traditionally defined) your personally identifiable information to anyone else.
Personally identifiable information.
We use the term “personally identifiable information” in these highlights to mean information that identifies, or that can reasonably be linked to, an actual natural person (that’s a real, named human being). We use the stand-alone term “information” to include all types of information, including personally identifiable information.
We may collect information relevant to you in three ways. First, we may collect information directly from you. This could be as part of your interactions with Donalala personnel, such as at our retail stores or during in-home visits, or when you provide information via our digital properties such as websites or mobile apps.
Second, we will collect such information by observing behavior — either in the “real world” or through our digital properties like websites and mobile apps. Examples include security cameras at a retail store, our websites tracking visitor activities on our sites, or our digital properties collecting the characteristics of the visiting devices.
Finally, we may obtain such information from independent third parties, independent of you.
We will use your information to meet your expectations and give you a great experience with Donalala. For example, that could be to fulfill a purchase, provide a service, make our digital properties run better, or maintain our My Donalala® rewards.
You’ve probably seen in the news that the world (especially the internet) has too many fraudsters, hackers, and criminals. We use information we collect to protect our customers, Donalala, and others from such bad actors.
And remember when we said above that our purpose is to enrich lives through technology? In order to do that, we’ll want to tell you about technology and other products and services that we think you’ll find useful. That means we’ll use information to try figure out what will be useful (or just fun and interesting) to you and others, or we’ll develop new or different products and services. And if we think we’ve found something you might like, we’ll use information to place or send marketing messages to you that highlight our ideas, and we’ll monitor your response to that message.
If you post something on a public forum on one of our digital properties, it should come as no surprise to you that it may be viewed by the general public.
We may share your personally identifiable information with suppliers or business partners to fulfill your requests or perform on our behalf a contract that we have with you.
Sometimes we share information with suppliers and business partners for internal Donalala uses. The easiest examples of what we mean by this relate to information technology — they may be processing personally identifiable information, but we make sure we have contracts in place requiring that they only use the information in support of Donalala.
We also may share personally identifiable information in an attempt to enforce our legal rights, in response to a request from law-enforcement authorities, and when we are required to do so by applicable law. Also, please note that if we think that sharing personally identifiable information is going to protect Donalala or others from harm, that’s what we are going to do.
Have any questions about our privacy practices? Just ask!
California residents, there’s also specific language and definitions required by California law. If you still have questions, here are a few ways you can contact us:
Our California Privacy Rights page includes definitions and content consistent with California law.
Some products and services that Donalala offers may have supplemental details about information collection, use, and sharing relating to those products and services. For example:
What we collect:
Information you give us.
We collect and store information you provide through our digital properties and in our stores.
The information we collect from you includes things such as:
Payment card number and other payment information
Your My Donalala® member ID
In certain situations, we may also collect things like:
Driver's license number (for example, if you return a product)
Demographic and lifestyle information (if you sign up for a registry or birthday list)
Medical and health insurance information (for example, if you use offerings that collect medical information, such as Assured Living)
Information you give us about others.
You may give us information about other people, such as the name and address of a gift recipient, or the name and contact information of someone who will pick up items for you at a store. We will only use this information for the specific reason you provide it.
Information from other sources.
We may receive information about you from other sources, including third parties that help us update, expand, and analyze our records and identify new customers, and provide products and services that may be of interest to you.
Information collected automatically online.
We collect information about your interactions with us including, for example:
The type of device or browser you’re using
Your IP address
Your browsing behavior while on our website
The URLs of the websites you visited before visiting our site (these are called “referring URLs”)
IMEI/UDID (a numeric identifier for your mobile device)
MAC address (another kind of numeric identifier for your mobile device)
IDFA (Apple’s ID for advertising), a randomly generated number)s.
Manage Flash cookies
Learn more about managing cookies, Flash cookies, and more
We may permit third-party service providers to collect and process some information from our digital properties. We may share personal information with those providers and may have similar arrangements with interest-based advertisers. We provide more information about interest-based ads below. Our digital properties are not designed to respond to “do not track” requests from browsers.
Reviews and other content you provide.
Our websites offer publicly accessible blogs or community forums. Be aware that anyone who accesses these areas may read, collect, and use the information you provide.
How we use the information we collect:
Identifying you on our digital properties in order to customize your experience
Fulfilling orders and requests for products, services, or information
Processing refunds, returns, and exchanges
Tracking and confirming online orders
Delivering and installing products
Managing our My Donalala program
Marketing and advertising products and services
Conducting research and analysis
Preventing and identifying fraud and other illegal activity
Engaging in internal uses such as data analytics with the purpose of enhancing existing and creating new products and services
You can opt out of interest-based advertising from third-party providers who follow the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising at www.aboutads.info/choices.
Learn more about interest-based advertising
How we share your information.
Donalala does not exchange your personal information for monetary consideration. We share your information only in the ways we describe below. We may combine or share information among current or future Donalala companies, including affiliates and subsidiaries.
We may share your information with third parties to perform services on our behalf such as:
Fulfilling orders and delivering packages
Scheduling and performing product installations
Providing customer care and technical support, including servicing products
Maintaining our My Donalala rewards
Sending Donalala marketing communications and providing advertising services
Personalizing the customer experience on our digital properties
Fulfilling subscription services
Conducting research and analysis
Processing credit card payments
Detecting fraud and other illegal activity
We also may share personal information in connection with co-branded product or service offerings (including sharing personal information with business partners to validate offers).
Sometimes we may be required to share personal information for legal reasons, for example, if we are required to do so by a regulation, court order, subpoena or other legal process. We may also share information when we believe it is necessary to comply with the law or to respond to a government request, or when we believe disclosure is necessary or appropriate to protect Donalala, our customers, or others.
We may share personal information in the event of a corporate sale, merger, acquisition, joint venture, reorganization, divestiture, dissolution, liquidation, or similar event.
How we protect your information.
You also can do your part to help protect the information you provide to us. Create a strong password. Use that password only on our digital properties. And do not share your password with anyone — especially anyone claiming to work with us. We would never contact you and ask for your password — ever.
You may at any time:
Stop receiving marketing or promotional emails, direct mail, phone, and mobile marketing communications
Update and correct your personal information
Deactivate your account
Request removal of information you post on our digital properties; in some cases, we may not be able to remove your content or personal information, in which case we will let you know if we are unable to do so and why
To do any of these, let us know by one of these methods:
Follow the directions in a marketing email, direct mail, or mobile communication that you receive from us
Provide your request and current contact information through one of the contact methods listed under “Help & Contact” below
Please note: Even if we are able to anonymize or make your content or information no longer visible, this does not ensure complete or comprehensive removal of your content or personal information from the internet.
Protecting children's privacy.
We do not knowingly solicit or collect personal information from children under the age of 13 without parental consent. If we learn that we have collected personal information from a child under age 13 without parental consent, we will promptly delete that information. If you believe that a child under age 13 may have provided us with personal information without parental consent, please contact us as specified in the “Help & Contact” section of this policy.
Links to other websites.
Social media features.
How to contact us:
Last Updated: April 05, 2021
- Credit / Debit Cards
- Offline Payments