Store Terms & Conditions of Sale
IMPORTANT: The following terms and conditions of sales is the consumer agreement you are entering through the use of our website and or purchase of our products. YOU ARE HEREBY GIVEN NOTICE TO READ CAREFULLY THE FOLLOWING AGREEMENT. By using our website (WWW.mydipkit.com), and or by placing an order, and or by accepting delivery of the products and services described in MyDipKit’s Invoice or other MyDipKit documentation, you the customer fully agree to be bound by and hereby accept these terms and conditions of sales; unless Customer and MyDipKit have signed a separate agreement, in which case the separate agreement will govern. The terms and conditions of sale (“Terms”) are limited to those contained herein. Any additional or different terms in any form(s) delivered by Customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. “We”, “Our” or “Us” refers to MyDipKit. “You” or “Your” refers to Customer and or person visiting or browsing mydipkit.com.
Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between Customer and MyDipKit. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the “Site”) www.mydipkit.com. These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Governing Law ALL SALES MADE IN TEXAS.
These terms and any sale hereunder will be governed by the laws of the state of Texas, without regard to conflicts of laws, and or rules, and regardless of the location of the Customer. Any dispute, action or litigation must be brought in Texas and Customer consents to the jurisdiction of the Federal and State Courts located in Texas, the County of Smith, and Customer submits to jurisdiction there, and Customer waives the right to change venue. Customer hereby agrees that such venue is appropriate and that MyDipKit’s agreement to sell and deliver products to the Customer is dependent on this provision.
Pricing Information; Availability; Errors and omissions Disclaimer
All pricing is listed in US Dollars. All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that we will be able to fulfill Customer’s orders. We make every effort to ensure the accuracy of the information published in our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. Therefore we make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind. If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites, search engines, or price engines are accurate or up-to-date. Orders; Payment Terms; Interest; Taxes Orders are not binding upon us until accepted by us. An accepted order means all orders that have been placed by customer, processed and shipped by mydipkit.com. Terms of payment are within our sole discretion. Invoices are due and payable prior to the shipment of your order. Customer is responsible for, and will indemnify and hold MyDipKit harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for any and all costs of collection, including court costs, filing fees and attorney’s fees.
Shipping; Risk of Loss; Security Interest
Customer agrees that MyDipKit is not a shipping company but a retailer of do it yourself water transfer imaging kits. Customer agrees that MyDipKit as a matter of convenience ONLY will arrange and collect payment from Customer at the time of the Customer’s order through the MyDipKit shopping cart. Customer agrees that MyDipKit will arrange shipping and payment to the carrier as requested by Customer at the time of the Customer’s order with MyDipKit. Customer agrees that all shipping costs and shipping liabilities shall be the responsibility of Customer. MyDipKit charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Customer agrees that all RISK OF LOSS SHALL BE THE RESPONSIBILITY OF CUSTOMER AND CUSTOMER SHALL HAVE NO RECOURSE WITH MYDIPKIT IN THE EVENT A LOSS OCCURS DURING SHIPMENT. THE ONLY RECOURSE CUSTOMER SHALL HAVE IS THROUGH A NEW PURCHASE WITH MYDIPKIT AND OR REIMBURSEMENT FROM THE CUSTOMER’S CARRIER OF CHOICE. Delivery times are estimates only and MyDipKit shall not be liable for delays. MyDipKit retains a security interest in the products until payment in full is received.
Damaged Products
Customer agrees that MyDipKit shall not be liable for products received damaged due to shipping. If damaged products are accepted from the carrier, Customer shall notify the carrier delivery record, by calling the carrier directly. MyDipKit may be able to assist Customer in obtaining a reimbursement through the carrier; however MyDipKit does not guarantee that a reimbursement will be made. Customer agrees that all RISK OF LOSS SHALL BE THE RESPONSIBILITY OF CUSTOMER AND CUSTOMER SHALL HAVE NO RECOURSE WITH MYDIPKIT IN THE EVENT A LOSS OCCURS DURING SHIPMENT. THE ONLY RECOURSE CUSTOMER SHALL HAVE IS THROUGH A NEW PURCHASE WITH MYDIPKIT AND OR REIMBURSEMENT FROM THE CUSTOMER’S CARRIER OF CHOICE.
WAIVER AND LIMITATION OF LIABILITY
WAIVER AND LIMITATION OF LIABILITY You hereby acknowledge that the warranty provided herein and the accompanying obligations and liabilities of MYDIPKIT are exclusive and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether or not occasioned by the negligence of MYDIPKIT. You acknowledge by your use of MYDIPKIT’S products that your use of the products and any reliance upon them is at your sole risk, and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with MYDIPKIT’S products. IN NO WAY SHALL MYDIPKIT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE. MYDIPKIT AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF MYDIPKIT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST MYDIPKIT ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS MYDIPKIT FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE.
Entire Agreement
These Terms constitute the entire agreement between Customer and MyDipKit relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet. Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and MyDipKit. In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.