THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 16 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY ANY APPLICABLE LAW, RULE, OR REGULATION.
2. Online Orders. When placing an order on the Site, you are effectively offering to purchase whatever products you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
3. Payment Terms. All applicable prices are set forth alongside the goods offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) upgraded shipping and handling charges, if any. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal and/or Sezzle). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated upgraded shipping & handling charges, if any. While we agree to use commercially reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. Orders are typically processed within one (1) to two (2) business days after payment is confirmed.
Returns. If you, for any reason, are not satisfied with your order, you may return it for a refund; provided:
(i) the items(s) were not designated as non-returnable; (ii) your return is made within 14 days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you (i.e. no wear and tear and with the original tag(s) and in the original packaging). If a product is returned
after the 14-day period mentioned in 5(ii) herein, you shall only be entitled to exchange your product, and shall not be entitled to a refund. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges. You bear the risk of loss or damage during shipment, and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.
5. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
(a) Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the
goods provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods from the Site for solely your own use, and not for resale or export.
(b) Company’s Limited Warranty: WE REPRESENT AND WARRANT TO YOU THAT ANY GOODS PURCHASED BY YOU ON THE SITE, WHEN USED SPECIFICALLY AS AUTHORIZED BY US AND WITHOUT MODIFICATION THERETO, WILL CONFORM IN ALL MATERIAL RESPECTS TO: (I) THE SPECIFICATIONS SET FORTH ON THE SITE, AND (II) ANY INSTRUCTIONS THAT WE PROVIDE YOU WHETHER ON THE SITE OR WITH DELIVERY OF THE MERCHANDISE. WE FURTHER REPRESENT AND WARRANT TO YOU THAT ANY GOODS PURCHASED BY YOU ON THE SITE WILL BE SAFE FOR THEIR INTENDED USE AND FREE FROM DEFECTS IN MATERIAL, FUNCTIONALITY, AND WORKMANSHIP. NOTWITHSTANDING THE FOREGOING, THIS WARRANTY SHALL NOT APPLY WHEN THE GOODS ARE SUBJECT TO: NEGLIGENCE, MISCONDUCT, MISUSE, ABUSE, ACCIDENT, IMPROPER INSTALLATION OR HANDLING, UNUSUAL ENVIRONMENTAL CONDITIONS, OR OTHER EXTREME STRESS, ALTERATION, REPAIR BY ANYONE OTHER THAN US (OR ONE OF OUR AUTHORIZED REPRESENTATIVES), USE WITH ANY THIRDPARTY PRODUCT OR SERVICE (OTHER THAN AS SPECIFICALLY AUTHORIZED IN ADVANCE BY US), OR USE IN VIOLATION OF ANY PROVIDED-FOR INSTRUCTIONS. NOTWITHSTANDING THE FOREGOING, ANY PRODUCTS MANUFACTURED BY A THIRD PARTY AND INCORPORATED IN ANY GOODS PROVIDED HEREUNDER ARE NOT COVERED BY THIS LIMITED WARRANTY. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, YOUR SOLE REMEDY WITH RESPECT TO A BREACH BY US OF OUR WARRANTIES TO YOU SHALL BE TO INFORM US, IN WRITING, OF YOUR DESIRE TO EXERCISE THIS LIMITED WARRANTY, ALONG WITH A SUFFICIENTLY DETAILED EXPLANATION OF YOUR REASON(S), SO THAT WE MAY EITHER: (I) REPAIR OR REPLACE THE GOODS IN QUESTION; OR (II) CREDIT OR REFUND YOUR PURCHASE PRICE. WE SHALL HAVE THE RIGHT TO SELECT WHICH CURE OPTION TO PURSUE, AND WE WILL BE RESPONSIBLE FOR SHIPPING & HANDLING CHARGES ASSOCIATED WITH RESENDING REPLACEMENT GOODS (AND SHALL ALSO BE RESPONSIBLE FOR THEIR RISK OF LOSS IN TRANSIT DURING SUCH TIME), IF AND AS APPLICABLE. WE RESERVE THE RIGHT TO VERIFY ANY SUCH CLAIM. THIS WARRANTY PERIOD IS NOT EXTENDED IF WE HAVE TO REPAIR OR REPLACE A WARRANTED PRODUCT. THIS LIMITED WARRANTY EXTENDS ONLY TO YOU AS THE ORIGINAL PURCHASER OF OUR PRODUCTS AND SERVICES FROM THE SITE (I.E., AND NOT TO ANY SUBSEQUENT OWNER OR BENEFICIARY OF ANY GOODS OR SERVICES RECEIVED HEREUNDER). IN ORDER TO OBTAIN WARRANTY SERVICE, PLEASE CONTACT US PER SECTION 14 BELOW, AND OBTAIN AN RMA NUMBER. IF FOR ANY REASON YOU BELIEVE IN GOOD FAITH THAT WE HAVE NOT FULFILLED OUR OBLIGATIONS HEREUNDER, YOU ARE ENTITLED TO FOLLOW THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN SECTION 12 BELOW. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
(c) Limitation On Warranties: SUBJECT TO APPLICABLE LAW, AND WITHOUT LIMITATION ON THE FOREGOING, WE LIMIT THE DURATION AND APPLICABILITY OF ANY AND ALL IMPLIED WARRANTIES (INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE) TO THE DURATION OF THE LIMITED WARRANTY SET FORTH IN SUBSECTION (B) ABOVE.
PLEASE NOTE THAT SOME STATES DO NOT ALLOW FOR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES AND THEREFORE, THIS LIMITATION MAY NOT APPLY TO YOU.
(d) Sole and Exclusive Remedies/Liability Cap: SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
6. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
8. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, pandemics, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9. Governing Law/Binding Arbitration.
(a) Governing Law. These Terms shall be governed by the laws of the State of Florida without regard to its conflict of laws principles.
(b) Binding Arbitration. SUBJECT TO SUBSECTION (C) BELOW AND ALL APPLICABLE LAWS, YOU ARE AGREEING TO GIVE UP: (I) YOUR RIGHT TO LITIGATE ANY CLAIMS THAT MAY ARISE HEREUNDER IN COURT OR BEFORE A JURY; AND (II) YOUR RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM THAT MAY ARISE HEREUNDER IN ANY MANNER OR FORUM. INSTEAD, ANY CLAIM, DISPUTE, OR CONTROVERSY OF ANY KIND OR NATURE ARISING HEREUNDER WHICH CANNOT BE AMICABLY RESOLVED BY US SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION
THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE A PANEL OF ONE ARBITRATOR SITTING IN BROWARD COUNTY, FLORIDA. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATORS WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. THE DECISION OF THE ARBITRATOR SHALL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON THE PARTIES. EACH PARTY SHALL BEAR ALL OF THEIR OWN COSTS INCURRED IN CONNECTION WITH ANY SUCH ARBITRATION PROCEEDINGS. WITH RESPECT TO ANY ARBITRATION HEREUNDER, AS STATED ABOVE, YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO CONSOLIDATE ANY CLAIM AND/OR PARTICIPATE IN ANY CLASS-ACTION CLAIM OF ANY KIND OR NATURE. THIS SECTION (13) PROVIDES YOUR SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS. IF ANY PROVISION OF THIS CLAUSE IS FOUND UNENFORCEABLE, SUCH UNENFORCEABLE PROVISION WILL BE REMOVED AND THE REMAINING TERMS WILL BE ENFORCED.
(c) Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 14 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
11. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
12 . Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) Telephone, at: +1 (347) 530-9452; (ii) email at: https://dwoir.com/send-an-email/; or (iii) personal delivery, overnight courier, or registered or certified mail to: DWOIR LLC, 4302 Hollywood Blvd, Suite #212, Hollywood, FL 33021.
13 . Entire Agreement. These Terms, along with the confirmation email referenced in Section (2) above,
any instructions that we provide you with relating to any product you obtain from us through the Site,
any terms and conditions that may be provided in connection with any promotion or other sale, and our
agreement between you and us with respect to the subject matter hereof.