About Our Terms of Sale
The following terms ("Terms of Sale") govern purchases made by consumers on the d-brand inc. ("d-brand", "we", "us", "our") website, available at www.dbrand.com (the "Website"). Please review these Terms of Sale carefully. By proceeding to place an order, you agree to be bound by all the Terms of Sale set forth herein. If you do not agree with these Terms of Sale, do not place an order on the Website. A copy of these Terms of Sale may be downloaded, saved and printed for your reference.
To place an order on the Website, you can register and create an account or you can place an order as a guest. Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account (or, if you are a guest, to the email address you provide to us when you place your order). Such e-mail is a confirmation that your order has been received by d-brand. d-brand reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Some situations that may result in your order being cancelled or refused are (i) limitations on quantities available for purchase; and (ii) inaccuracies or errors in product or pricing information. We may also require additional verifications or information before accepting any order. d-brand will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of your charge to your credit card.
Prices and Currency
The prices displayed on the Website are shown in US dollars. Shipping and handling fees and taxes are listed, if applicable. You are responsible for the payment of any shipping and handling charges and any federal or provincial taxes that may apply to your order. These charges are added to the invoice price during the order process.
You may pay for your purchase using a Visa and MasterCard credit card or via PayPal. You authorize d-brand to charge the applicable card the amount of the invoice. You represent and warrant that you are the cardholder of the applicable credit card or account holder of the PayPal account. If your card is rejected by the card issuer or your payment is rejected by PayPal, your order will not be shipped and d-brand will have no obligation to fulfill your order. All billing and registration information provided by you to d-brand must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.
Availability and Descriptions
The purchase of products on the Website is subject to availability. In the event that the product you request is not available at the time of your order, d-brand will have no obligation to fulfill your order and you will have no obligation to pay d-brand for the order. Although we strive to update and keep accurate product and pricing information on the Website, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, d-brand shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation.
Products displayed on the website may not be available at all times and products and prices may be changed, and products substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase on the website, we do not warrant the accuracy, completeness, reliability or currency of such descriptions.
Quantity Limits and Items for Resale
d-brand reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. d-brand also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers.
Pick-Up / Delivery
Your order will be shipped to the delivery address specified by you during the order process, via the method of delivery specified by you. d-brand is not responsible for any loss of the products following shipment from d-brand's facilities to your delivery address, however d-brand is not a faceless corporation built on the foundation of robbing customers. If your item gets lost in transit, simply reach out to us via our Contact form and we'll work with you to ensure you get what you paid for.
Cancellation / Returns
Except for any statutory rights of cancellation that you may have under applicable provincial consumer protection laws, once you place your order you cannot cancel it. Given the customized nature of d-brand's products, products purchased cannot be returned or exchanged without express authorization from a d-brand representative. Refunds can be provided for products that are damaged before delivery to you or in the case of product bearing a custom logo or other artwork requested by you, product bearing a logo or other artwork that does not match the logo or other artwork requested by you. If you receive your order and any products appear to be damaged or do not bear the custom logo or other artwork requested by you, please contact us promptly at the contact details set out below. Returns for unopened, unused merchandise that does not bear any logo or other artwork may be eligible for a refund minus the shipping amount, provided that the merchandise arrived in a damaged condition.
Note that, in order to keep shipping prices low for customers, our standard shipping service is sent using government-run local postal services without tracking. If an order does not successfully arrive at the delivery address provided during checkout within the recommended time-frame specified in your Shipping Confirmation, please use the Contact Form to let us know. We'll work with you to get a re-shipment processed and ensure that you receive the product you paid for. We do not provide any refunds based on undelivered items, as delivery is out of our control once an item has left our warehouse. Again, just send us a message through our Contact form if your item is undelivered and we will work with you to deliver what you paid for. Under no circumstances does d-brand provide refunds to Freight-Forwarding addresses, as the nature of these delivery addresses is such that delivery is not only out of our control, but out of the scope of delivery by government-run local postal services.
Limitation of Liability
To the maximum extent permitted by law, d-brand disclaims all warranties with respect to its products, including any warranties of merchantability, non-infringement and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
These Terms of Sale will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence require that the laws of such province govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with d-brand or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.
These Terms of Sale constitute the entire agreement between you and d-brand with respect to your purchase of products through the Website. If any provision of these Terms of Sale is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. The delay or failure of d-brand to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit d-brand's rights with respect to such breach or any subsequent breaches. d-brand shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control. You may not assign these Terms of Sale to any third party without the prior written consent of d-brand. These Terms of Sale will be binding upon and will ensure to the benefit of (i) you and your heirs, executor, administrator and other legal representatives; and (ii) d-brand and its successors and assigns. Notwithstanding any other provision of these Terms of Sale, any provision of these Terms of Sale that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Sale.
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Sale, by posting notices or links to such notices on the Website itself.
Last Update: May 8, 2016