By accessing information and placing orders for products for sale on www.dingwallguitars.com you hereby agree to the conditions of purchase:
Customer is hereby defined as any person or entity purchasing any product or service from Dingwall Guitars.
Dingwall Guitars, its employees and the creator of this website is hereby defined as Dingwall Guitars.
1. The customer must be 18 years of age or older to purchase products from Dingwall Guitars website.
2. All orders are subject to acceptance by Dingwall Guitars. Dingwall Guitars reserves the right to refuse, cancel, or suspend products delivery or service at our sole discretion.
3. Dingwall Guitars shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
4. Failure to follow any term or condition will be grounds for immediate account deactivation and cancellation of order(s).
5. Products sold through our website may not be re-sold to someone else without prior notice to Dingwall Guitars.
6. Customer’s use of Dingwall Guitars website constitutes Customer’s acceptance of all Terms and conditions. Customer also agrees to be bound by any change in these terms which may be published via Dingwall Guitars website. Dingwall Guitars reserves the right to change the Terms of Service without prior notice or warning.
7. Failure by either Customer or Dingwall Guitars to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
8. If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether.
9. It is expressly understood that there are no oral agreements or understandings between you and Dingwall Guitars which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via Dingwall Guitars service, constitutes the entire agreement.
1. Dingwall Guitars may cancel specials at any time. Prices are subject to change at any time, and prices are only guaranteed for the initial period of prepayment.
2. Dingwall Guitars currently accepts credit cards (Visa, MasterCard) and/or PayPal.
3. Sales and use taxes and all other applicable taxes which are applicable to the products and shall be incurred by Customer regardless of whom the taxes are or were imposed upon.
4. It is the sole responsibility of the customer to insure their payment information is maintained current and available for payment of incurred fees. If you default, you agree to pay Dingwall Guitars its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. If we must deal with a credit card charge back on your account, you will be charged a $50 administrative fee for our time in dealing with this. Should your account be turned over to a collection agency, you are responsible for collection and legal fees.
6. If you default, you agree to pay Dingwall Guitars reasonable collection expenses, including attorney and collection agency fees.
7. Dingwall Guitars reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by Dingwall Guitars if Dingwall Guitars institutes it’s right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
8. Cancellation of orders will be accepted via request by phone and/or email.
Failure to Comply With Agreement
Dingwall Guitars may deny Customer access to and cease to provide all or part of any Products and Services without notice if Customer (a) violates any provision of Dingwall Guitars Internet Acceptable Use Policies, which are appended to these General Terms and Conditions (and which may be modified from time to time as provided in the Policy or by delivery of such modified Internet Policies to Customer); or (b) engages in any conduct or activity that Dingwall Guitars, in it’s sole discretion, believes violates any of the terms and conditions of this Agreement or causes a risk that Dingwall Guitars may be subjected to civil or criminal litigation, charges, or damages. If Dingwall Guitars ceases to provide or denies Customer access to any Product or Services pursuant to the preceding sentence, neither Customer nor any of it’s authorized users shall have any right (a) to access through Dingwall Guitarsany materials stored on the Internet, (b) to obtain any credit(s) otherwise due to Customer, and such credit(s) shall be forfeited, or (c) to access third party services, merchandise or information on the Internet through Dingwall Guitars. Dingwall Guitars shall have no responsibility to notify any third-party providers of services, merchandise or information of any discontinuance of any Services pursuant to this paragraph, nor any responsibility for any consequences resulting from lack of such notification.
Customer will take all necessary measures to preclude Dingwall Guitars from being made a party to any lawsuit or claim regarding Dingwall Guitars products and services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless Dingwall Guitars from any and all claims of whatever nature, expenses, demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Dingwall Guitars, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. Dingwall Guitars makes absolutely no warranties whatsoever, express or implied, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.
Dingwall Guitars shall not be responsible for any claimed damages, including incidental and consequential damages, including lost profits which may arise from Dingwall Guitars products or servers going off-line or being unavailable for any reason whatsoever. Further, Dingwall Guitars shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Dingwall Guitars servers. IN THE EVENT Dingwall Guitars IS FOUND LIABLE FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, IN NO EVENT WILL Dingwall Guitars BE LIABLE FOR AN AMOUNT IN EXCESS OF THE AMOUNTS PAID TO Dingwall GuitarsUNDER THIS AGREEMENT.
Dingwall Guitars will not be responsible for any damages you and/or your business may suffer. Dingwall Guitars makes no warranties of any kind, expressed or implied for the products and services we provide. Dingwall Guitars disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dingwall Guitars. and its employees. Dingwall Guitars reserves the right to revise its policies at any time.
This Agreement, including the Addendums hereto, constitutes the entire agreement between Customer and Dingwall Guitars with respect to the Products and Services.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Dingwall Guitars failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
Customer shall not assign this Agreement without the prior written consent of Dingwall Guitars.
Dingwall Guitars will not be responsible for performance of its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors, suppliers, or workmen (whether of Dingwall Guitars or others), accidents, acts of God, or any other event beyond its reasonable control.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, without regard to any provisions thereof which would cause the application of the laws of any other jurisdiction to this Agreement. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Although Dingwall Guitars backs up it’s systems regularly and works to prevent technical problems, system failures, and service disruptions, such occurrences are possible, particularly in connection with such things as total power losses, natural calamities, acts of war or terrorism, acts of God, destructive acts of hackers, or bandwidth changes on the Internet. It is specifically agreed that Dingwall Guitars shall under no circumstances be liable for any lost profits or other consequential damages.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.