TERMS OF SALE
These Terms of Sale apply to products ordered from the Website and do not apply to products purchased in retail stores or offline.
Orders And Acceptance
By submitting an order, you represent and warrant that all personal information you have entered for the order is valid. Orders may only be placed by persons who are located in the United States of America, 18 years or older, who have the legal capacity to contract. Products are for individual consumer use only and may not be bought for re-sale or other commercial purposes.
You cannot cancel or change an order once it has been submitted.
By placing an order you are making an offer to purchase the indicated products in accordance with these Terms of Sale. All orders are expressly conditioned upon acceptance by us, and we may reject or cancel orders for any reason at any time, including breach of these terms. If your credit card has already been charged for a purchase and your order is cancelled, we will issue an appropriate credit to your credit card account. We issue a confirming acknowledgment via e-mail for each order, however the order will not be deemed accepted until you receive a shipping notification. You should notify us immediately if discrepancies are noted in the acknowledgment.
We will issue an e-mail notifying you when your order has been shipped. These terms supersede all prior written or oral statements or understandings between you and DKB and constitute the entire and only agreement between the parties relating to the subject matter. Any proposal for additional or different terms or any attempt by you to vary in any degree any of this Agreement is hereby objected to and rejected.
Our Customer Service personnel can be reached for questions regarding orders, cancellation of orders or returns Monday through Friday, 9am to 3pm Pacific Time via email at firstname.lastname@example.org or toll free via telephone at 1-888-794-7623.
Lack Of Availability
All orders are subject to availability and we reserve the right to limit the quantity of items that may be purchased from time to time.
We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions or other content of our Website are accurate, complete, reliable, current, or error-free. Slight variations may occur due to photo resizing or processing, computer monitor display settings, variations in materials and for technical and other reasons. We shall not be liable for variations or discrepancies in product descriptions, photos or other content of our Website, and SUCH ISSUES ARE NOT CONSIDERED DEFECTS UNDER OUR LIMITED WARRANTY. Products are warranted only as provided below in the Limited Warranty section.
All prices on our Website are listed in U.S. Dollars. Prices do not include shipping and taxes which shall be charged on all orders as applicable and will be indicated at the time of your order.
In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
You may pay for ordered products via Visa, Mastercard, American Express or PayPal. Payment by credit card is due in full at the time an order is placed. All credit cards must be issued by a U.S. bank. Your rights as a cardholder are governed by your card issuer agreement and not these Terms of Sale. You agree to notify us within sixty (60) days after any discrepancy appears on your credit card statement or such discrepancy will be deemed waived. If we do not receive payment from your credit card issuer or its agent, including as a result of a chargeback, you agree upon our demand to pay all amounts due. Please note that in the event you dispute an order via chargeback, we reserve the right at our option, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus. We will not be responsible for any unauthorized amounts billed to your credit card by a third party. You are responsible for paying any sales, use, value-added or other taxes imposed on your purchases.
Shipment and Delivery
Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via FedEx or USPS. You may choose an expedited delivery service at an additional cost to you at the time of ordering. If your order is accepted and the items selected are in stock, your order will normally ship within the time indicated on our Website. All ship and delivery dates specified on our Website are estimates only and are subject to change. We will not be responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. It will be your responsibility to file any available claims with the carrier.
We warrant to the original consumer purchaser that our products are free of defects in materials and workmanship for the period specified on the applicable product’s packaging (generally 5 years) from the date of purchase. Click here to view our written warranty (where applicable). This warranty is valid only if the product has been assembled and maintained per the instructions. This warranty does not cover abuse, accident, water damage, cosmetic issues such as natural variations and damages, fading or scratches from normal wear, or any other cause not arising from defects in material and workmanship.
THE APPLICABLE WRITTEN LIMITED WARRANTY INCLUDED WITH A PRODUCT IS THE ONLY EXPRESS WARRANTY PROVIDED BY US. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF THE ABOVE LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE APPLICABLE WRITTEN LIMITED WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Returns and Refunds
Satisfaction Guarantee: If you are not completely satisfied with a product you may return it within thirty days of the date of purchase for a refund. All returned items must be in new condition and include all shipped parts, manuals, accessories and documents. Items are not eligible for return if they show signs of wear or have been used or altered from their original condition in any way.
Warranty Returns: Products that do not meet our Limited Warranty may be returned for repair, replacement or refund within the applicable warranty period. Items are not eligible for return if they show signs of misuse or have been used or altered from their original condition in any way.
We will pay the cost of return shipping if your return is the result of our error. In other cases, return postage will be paid by you and will be deducted from any refund you are owed. Refunds will be made in the same form of payment originally used for purchase.
To return an item, you must fill out the web form at Contact Us and submit your query with an order number. At that time, our Customer Care representative will contact you with specific information on how to return your product and obtain your refund or replacement product. Returned items must be securely packaged (together with the printout of the return authorization form) and shipped back to us at the specified address within the time specified in the return instructions. You will have liability for loss and damage to products in transit, and we recommend that you insure all returns at your cost. You must retain proof of return shipment and delivery of returned products. Only merchandise received by us will be eligible for repair, replacement or refund. Items returned in an unsatisfactory condition or otherwise not meeting return criteria will be refused and returned to the customer. We will use reasonable efforts to credit refunds within 14 days after receipt of returned products. Returns not made in compliance with any part of this return policy will not be eligible for repair, replacement or refund.
Any notices or acknowledgements that are specified in this Agreement may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THESE TERMS OR YOUR USE OR THE PERFORMANCE OF ANY PRODUCT, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW THE TOTAL LIABILITY OF DKB OR ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELATED PRODUCT HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
To the fullest extent permitted by law You agree to indemnify, defend and hold DKB and its affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) arising out of your breach of these terms or from other liabilities arising out of your use of our Website or of your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. To the extent permitted by law, we reserve the right to assume the defense and control of any matter subject to indemnification by you. THIS INDEMNIFICATION SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS.
Choice of Law