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1. Application of Terms and Conditions These terms and conditions (the “Terms and Conditions”) govern the sale by D and H Industries Inc. (the “Seller”) of any and all Dash Bashers sold by the Seller to the customer (the “Customer”). The Customer agrees to be bound by these Terms and Conditions. These Terms and Conditions represent the entire agreement between the parties with respect to the sale of The Dash Basher™ to the Customer and supersede any previous written or oral orders, quotations or other communications or representations by either party related to The Dash Basher™ or through the use of this website. 2. Governing Law These Terms and Conditions and sales shall be governed by the laws of the Province of British Columbia and the applicable laws of Canada. 3. Orders All orders of The Dash Basher™ shall be subject to acceptance by the Seller. All sales of The Dash Basher™ are subject to availability. 4. Prices and Applicable Taxes Purchase prices do not include charges for shipping and handling and applicable federal and provincial taxes and the Customer agrees to pay all such shipping and handling charges and taxes. The Seller reserves the right to change, alter or amend the price of The Dash Basher™. 5. Shipping Any Dash Basher availability or shipment dates given by the Seller are estimates only and the Seller is not liable for any loss, damage, cost or expense arising from any delay in Dash Basher availability or shipment. 6. Product Warranty The Seller makes no other warranties, representations or conditions, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, except as expressly provided herein: The Dash Basher™ is guaranteed to be free from defects in materials and workmanship under normal and intended use. 7. Return Policy The Customer shall contact the Seller at info@dashbasher.com within 30 days of the date of purchase if The Dash Basher™ is found to have any defects in materials or workmanship, and the Seller will arrange for return of The Dash Basher™ and refund the full amount of the purchase, less the cost of shipping. 8. Limitation of Liability The Customer agrees that for liability in any way related to the purchase or sale of The Dash Basher™, the Seller’s sole and exclusive liability shall be limited to the purchase price of The Dash Basher™ pursuant to these Terms and Conditions. In no event shall the Seller be liable to the Customer for consequential, incidental, special damages or economic loss arising from any claim or action, incidental or collateral to, or directly or indirectly related to The Dash Basher™ or its use or from the use of this website, whether such a claim is based in tort or breach of contract (including fundamental breach or breach of a fundamental term). 9. Intellectual Property Nothing in these Terms and Conditions shall be construed as transferring to the Customer any right, title or interest in or to any patent, trade mark, copyright, design, proprietary information, drawing, process or know-how (the “Intellectual Property”) which is in the property of the Seller or its affiliates. The Seller, on behalf of itself and its affiliates in Canada, shall retain all right to Intellectual Property relating to The Dash Basher™ and this website. 10. Personal Information and Privacy The Seller is committed to and will protect Customer privacy. The information the Seller collects from any Customer will only be used to process orders. The Seller does not collect and store credit card information. Order processing is done by Paypal, and all billing and shipping information is entered directly on its secure website. The Seller may ask the Customer to voluntarily submit his or her email address for The Dash Basher™ newsletter. The provision of any personal information, including, but not limited to, email addresses, names, phone numbers, home or business addresses, credit card information, ISP Address, is solely within the discretion of the Customer and the Seller will not share any such personal information with any third party. 11. Cookies The Seller will occasionally use “cookie” technology on its website. This technology is used to collect basic information about navigation and return visitors for marketing use. Cookies do not obtain any personal information from your computer. You can not eat these types of cookies (ha ha). 12. Severability Each provision in these Terms and Conditions is intended to be severable and if any provision is found to be illegal, invalid or unenforceable, the finding shall not affect the validity of the other provisions. 13. Disclaimer The Dash Basher™ is a novelty item only and is not to be used on anything but the interior of your vehicle or any other inanimate object. The Dash Basher™ is not suitable for children and is for adult use only. |
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