SECTION 1 – OVERVIEW
This website is operated by Dalcini Inc. Throughout the site, the terms “we”, “us” and “our” refer to Dalcini Inc. Dalcini Inc. offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using any part of our website, you agree to be bound by these Terms of Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3 – ACCURACY OF INFORMATION
We are not responsible if third-party information made available on this site is not accurate, complete or current.
Although we strive to provide accurate product and pricing information, errors or misprints may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Dalcini shall have the right, at its sole discretion, to refuse or cancel any orders, or part of an order placed or subsequently processed by Dalcini for that product and terminate the purchase agreement without further liability. In the event that a product is priced in error or a product information error occurs, Dalcini may, at its sole discretion, contact you for instructions, cancel your order and notify you of such cancellation, terminate the purchase agreement and/or correct the error on its website.
SECTION 4 – PRICES, SHIPPING AND HANDLING CHARGES, AND APPLICABLE TAXES
All prices quoted do not include any applicable taxes. Unless you provide us with a valid and correct tax exemption certificate prior to our acceptance of the order, you are responsible for sales and other taxes associated with the order, however designated, except taxes on Dalcini Inc.’s net income. If applicable, a separate charge for taxes will be shown on our invoice. You are responsible for the payment of shipping and handling charges.
SECTION 5 – OUR WARRANTIES
Our products carry a lifetime warranty against rust, stains, and odors. Any product not meeting this warranty may be returned as provided for under Section 12 of these Terms of Service.
SECTION 6 – TITLE AND RISK OF LOSS OR DAMAGE; DELIVERY
Title in the products ordered by you and risk of loss shall pass to you upon delivery to the “ship to” address or, if special shipping arrangements are agreed to, upon delivery to your carrier.
Any delivery or shipment dates provided by us are estimates only and we are not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
SECTION 7 – PRODUCTS
We have made every effort to display our products as accurately as possible. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Product availability may be limited and products ordered may not be available for immediate delivery. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these sites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or if you send, without a request from us, creative ideas, suggestions, proposals, photographs, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments and we may, without limitation, reproduce on our website any comments you make through social media.
We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – REPLACEMENT AND REFUNDS
You may be able to return a product that you purchased from us for a replacement or refund if you meet all of the following terms and conditions:
If you are not satisfied with your purchase, you may return it and obtain reimbursement of the purchase price within thirty (30) calendar days of the date of your invoice. Any returned item must be in "as new" condition and returned in its original packaging, together with a proof of purchase.
Defective items, i.e. items that fail to meet our warranty, can be returned at any time.
All Items must be returned with all shipping and insurance charges pre-paid. You will not be reimbursed for such charges whether you are seeking a replacement or a refund.
If you are returning an item because it is defective, we will pay for shipping and insurance costs to send you a replacement product.
Refunds on purchases made with a credit card will only be credited to the same card.
SECTION 13 – PERSONAL INFORMATION
SECTION 14 – USE OF SITE AND OWNERSHIP
Our website, its design, all text, graphics, content, video, audio, and the selection and arrangement thereof are the property of Dalcini Inc., and are protected under the copyright laws of Canada. None of the content found on www.dalcini.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without our express written permission.
“Dalcini ” related trademarks and design marks displayed on www.dalcini.com or any other medium (collectively, the "Trademarks") are trademarks of Dalcini Inc. Nothing contained on our website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with our express written permission or the permission of a third party that may own the applicable trademarks.
SECTION 15 – LIMITATION OF LIABILITY
Dalcini Inc.'s sole and exclusive maximum liability to you shall in no event exceed the total price of the products you ordered.
Dalcini Inc. assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on www.dalcini.com or the downloading by you of any materials, data, text, images, video or audio from www.dalcini.com.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dalcini Inc. and our affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 18 – GOVERNING LAW
These Terms of Service and including all matters relating to the validity, construction, performance, and enforcement thereof, shall be governed by the laws of the Province of Ontario, without regard to the rules governing conflicts of laws. Without limiting the foregoing, you and we irrevocably and unconditionally agree that any suit, action, or other legal proceeding arising out of or relating to these Terms of Service or any transaction hereunder must be brought before the courts of the Province of Ontario, Canada, in the City of Ottawa, Ontario and you: (a) consent to the exclusive jurisdiction of such courts in any such suit, action or proceeding; (b) waive any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and (c) waive any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right to add, delete or amend these Terms of Service, at our sole discretion, without any notice or liability to you, by posting revised Terms of Service on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – ENGLISH LANGUAGE
The parties have requested that these Terms of Service and all documents contemplated hereby be drawn up in English. Les parties aux présentes se sont entendues que ces modalités de vente et tous autres documents envisagés par les présentes soient rédigés en anglais.