PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.
1. Your Agreement. These Terms govern: (i) your use of the Website, (ii) your receipt of and participation in Dally Goods’ services offered through the Website (the "Services"), (iii) your provision of information in connection with using the Website (collectively, the "User Content "); and (iv) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Dally Goods or its licensors and made available to you through the Website (collectively, the "Dally Goods Content"). Please read these Terms carefully; they impose legal obligations on you and on Dally Goods, and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
3. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website, Services, or the Dally Goods Content, are the proprietary property of Dally Goods and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Dally Goods and its licensors retain all rights with respect to the Website, Services, and the Dally Goods Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site and/or through the Services unless specifically authorized in writing by Dally Goods.
4.1. Grant of Rights to Dally Goods in User Content. By submitting User Content when participating in the Services, uploading files, or otherwise (if such features are available to you), you grant Dally Goods the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Dally Goods’ use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 4.1 (Grant of Rights to Dally Goods in User Content).
4.2. Grant of Rights to You in Dally Goods Content. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Dally Goods Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Dally Goods Content; (ii) modify or make derivative works based upon the Website or Dally Goods content; or (iii) reverse engineer, reverse compile, or access the Website or the Dally Goods Content in order to build a competitive product or service. You may access and view the Website and the Dally Goods Content for use solely as provided in these Terms, but you may not modify, copy, distribute, or otherwise use the Website or the Dally Goods Content.
- Upload, email, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or is otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.
- Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website or Services, or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam" email.
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
- Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SERVICES AT ISSUE.
7. Reports and Complaints. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 23 (Contact Us).
9. User Conduct; User Disputes. Dally Goods is not responsible for and is not liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online and offline. We have no obligation to become involved in disputes between site visitors. If you have a dispute with one or more site visitors, you release Dally Goods (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
10. Terms and Conditions of Products.
- “Product(s)” shall mean any goods purchased through this Site, and any subdomains.
- Dally Goods may change the Product (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. These changes will not affect the Client's use of the Product.
- Products offered are intended for personal use. Dally Goods reserves the right to refuse to sell Products to you if it reasonably appears to us that you intend to resell such Products. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of Products purchased by each customer or to refuse to provide any customer with any such Products. Your properly completed and delivered order form through the Site constitutes your offer to purchase the goods or services referenced in your order. Your order will be deemed to be accepted only if and when Dally Goods sends an order acceptance and shipping notice email to your email address.
- Dally Goods endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “Disclaimers” section below, Dally Goods does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. Dally Goods reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
10.2. Product Pricing.
- The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in U.S. dollars. Prices and availability information are subject to change without notice. Prices do not include sales tax (and for international sales value added tax, customs and duties), where applicable, or delivery costs, both of which you agree to pay upon ordering. Dally Goods reserves the right, at any time, to change its prices and billing methods for Products sold, effective immediately upon posting on the Site or by electronic communications to you.
- If shipping costs are charged, these will be clearly stated on the Site before purchase. The shipping costs will be displayed separately in the ordering process.
- Dally Goods’ pricing and the availability of the Product can change at any time without notice. Prices indicated are in U.S. dollars and we will indicate to you any other applicable shipping charges and taxes prior to your purchase. By your purchase, you agree to indemnify and hold Dally Goods harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such charges or taxes for which you may be liable.
- Order Process, Payment, and Electronic Communications.
- If you place any orders for Products on the Site, you are expressly agreeing that Dally Goods is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Dally Goods You agree that the fees will be billed to your payment card or PayPal account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable. If payment is not received or cannot be charged to your payment card or PayPal account for any reason in advance of shipping your order, Dally Goods reserves the right to either suspend or terminate your order.
- All orders placed by you are subject to acceptance by Dally Goods and all items are subject to availability. Order processing may take between 24 to 48 hours (not including weekends or holidays) and sometimes longer, depending upon volume of orders. Special Product orders (including limited editions, and pre-order offers) may contain additional terms, of which will be provided for each respective Product. Please read Product sales terms listed for each Product carefully before placing your order.
- Acknowledgement of your order means that Dally Goods has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Dally Goods may in its discretion require additional verification or information before accepting any order.
- Dally Goods reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.
- By using the Site, you consent to receiving electronic communications from Dally Goods. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and services. These electronic communications are part of your relationship with Dally Goods and you receive them as part of your Product order. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Risk of Loss. All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Dally Goods’ delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
- Shipping and Returns/Exchanges.
- Any estimated arrival or delivery date provided by Dally Goods is not a guarantee. Although Dally Goods will make reasonable effort to meet estimated dates, delivery of the Product may take more or less time than estimated and Dally Goods disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. If Dally Goods is unable to deliver the Products within thirty (30) days after it confirms acceptance of the order, it will notify you accordingly. In such event, you have the right to either agree to a new delivery date or to cancel your purchase without incurring any costs, and you will receive a refund for any Products paid for but not received. You are advised to inspect the Products upon receipt and to report any defects within two (2) business days after delivery, in writing or by email.
- If the ordered Product is out of stock or can no longer be supplied for any other reason, Dally Goods may cancel the order by notifying you in writing, or deliver a Product that is comparable in nature and quality to the ordered Product. In the case of delivery of a substitute Product, you will have the right to cancel your purchase within five (5) days and receive a refund of the monies paid, providing you return the Product to Dally Goods in accordance with Section 10.5(e) and (f), which will pay the return shipping cost if shipped in a manner specified by Dally Goods Refunds of monies paid will be made within thirty (30) days of receipt of the returned Product.
- Dally Goods does not authorize the sale of Products by unauthorized resellers and does not sell or supply Products to unauthorized resellers. An order placed by an unauthorized reseller will be rejected without stating reasons and the such unauthorized customer may be excluded by Dally Goods from the Site.
- If a delivered Product fails to comply with this limited warranty, you must notify Dally Goods thereof within thirty (30) days. You can submit a complaint by email or in writing. The contact details of Dally Goods are provided at the end of this Terms and Conditions and Limited Warranty policy. Dally Goods will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If Dally Goods is unable to formulate a substantive response to the complaint within such period, Dally Goods will confirm receipt of the complaint and give an indication of the time within which it expects to be able to give you a substantive or definitive response. The warranty liability of Dally Goods is limited to your purchase price for the Product unless otherwise prohibited by law.
- Please Note: only items purchased by the original purchaser on dallygoods.com may be accepted by Dally Goods for return. If you purchased your Products from one of our authorized retailers, please contact them for assistance.
- All returns from dallygoods.com must be accompanied by all original Product components in the original packaging, sealed, unused and undamaged by the original purchaser. If you are unable to return the Product with its receipt and we are unable to verify the original purchase price of the Product, your refund will be in the form of an in-store credit equal to the lowest selling price at which the Product was sold by Dally Goods during the 90-day period preceding the return. Dally Goods reserves the right to inspect any return and to limit returns if we have reason to suspect misuse of our returns policy (such as excessive returns, reseller activity, or fraud).
If you purchase a Product from an unauthorized reseller, the warranty is not valid, and Dally Goods has no warranty obligation of any kind. Please be aware that there are some websites or dealers (e.g. eBay, Amazon, etc.) who claim to be authorized resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from Dally Goods. When you purchase products from an unauthorized website, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorized reseller. If you have any questions about authorized resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.
Dally Goods reserves the right to repair, replace or (partially) refund the cost of a Product. Dally Goods will only pay the costs of return and other shipping costs in case of defective or misdescribed Products. These rights shall only apply to the original purchaser.
11. Limited Warranty and Disclaimer. DALLY GOODS DOES NOT PROMISE THAT THE WEBSITE, PRODUCTS, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. DALLY GOODS DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.DALLY GOODS DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL DALLY GOODS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT.
13. Indemnity. You agree to defend, indemnify, and hold Dally Goods and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
14. Force Majeure. Notwithstanding any other provision of these Terms and Conditions and Limited Warranty, neither party will be liable to the other party for any delay in performing or failure to perform any of its obligations under this Agreement to the extent performance is delayed or prevented due to Force Majeure. "Force Majeure" will mean causes that are beyond the reasonable control of the party claiming Force Majeure and that could not have been avoided or prevented by reasonable foresight, planning or implementation by the party claiming Force Majeure, including without limitation: (a) any act of God, fire, explosion, lightning, storm, flood, earthquake, or accident; (b) war, terrorism, hostilities, civil war, insurrection, riot, civil unrest, commotion or acts of a public enemy; (c) labor shortages, strikes, lock-outs, or other labor, industrial or trade action, disputes, disruption or disturbances (whether involving its employees or those of any other person); (d) theft, sabotage, malicious damage, fraud, epidemic, pandemic, plagues, or quarantine restrictions; or (e) failure, malfunction or unavailability of power, telecommunications, data communications, or related services. Any delay or failure of this kind will not be deemed to be a breach of these Terms and Conditions and Limited Warranty and the time for performance of the affected obligation will be extended by a period that is reasonable in the circumstances. A party claiming the benefit of this clause will use reasonable efforts to mitigate the effect of any of the events or circumstances referred to above and will promptly advise the other party of the date by which its performance may reasonably be expected to resume.
15. Arbitration & Class Action Waiver.
If a dispute arises between you and Dally Goods, we would like to talk to you about it. Contact us at the address at the end of these Terms and Limited Warranty. If we are unable to resolve the dispute, you agree to submit the dispute to binding arbitration as described below. Please read this section carefully as it affects your legal rights.
Agreement to Binding Arbitration and Class Action Waiver. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS AND LIMITED WARRANTY OR USE OF THE PRODUCT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND DALLY GOODS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT DALLY GOODS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS WILL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SALE AND LIMITED WARRANTY WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Opt-Out of Arbitration Agreement. You may opt out of this agreement to arbitrate by emailing firstname.lastname@example.org with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
Arbitration Procedures. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms and Conditions and Limited Warranty. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. There will be one (1) arbitrator, who will be a trial attorney with not less than fifteen (15) years’ experience in technology and consumer products. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the American Arbitration Association or by the arbitrator. The arbitrator’s decision will follow these Terms and Conditions and Limited Warranty and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions and Limited Warranty, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions and Limited Warranty will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
16. Contact for Alleged Copyright Infringement. Dally Goods respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify us as follows:
Attn: DMCA copyright administratorDally Goods
33 W 19th Street
4th Floor #1005
New York, NY 10011
or by email to email@example.com
Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
17. Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect prospectively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.
20. Additional Terms. Certain Services may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.
21. Survival. In addition to any provision that by its nature or intent is intended to survive the termination of these Terms, the following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 11 (Warranty Disclaimer); (iii) Section 12 (Limitation of Liability); (iv) Section 13 (Indemnity); (v) Section 16 (Assignment); (vi) Section 17 (General); and (vii) Section 19 (Survival).
33 W 19th Street
4th Floor #1005
New York, NY 10011
24. Governing Law. The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in New York, New York and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.
Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in New York, New York, or, if brought in a federal district court, United States District Court for the Southern District of New York and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.
26. COPYRIGHT AND LEGAL NOTICE. Copyright © 2020 Dally Goods. All Rights Reserved.