Terms of Sale
Last update: June 1, 2012
This document, together with the information contained in or supplied through www.dansondecor.com (the “Website”) is a contract (the “Agreement”) between you (“you”) and Danson Decor Inc. and/or Danson Hong Kong Limited (“Danson”) concerning the conditions associated with all purchases you make on or through the Website.
Please read all of the following terms and conditions carefully before making any purchase. You will be bound by the version of this Agreement that was in force when you placed each order on or through the Website.
If you have a separate agreement with Danson with regards to your purchases made on the Website, this Agreement does not apply to you unless your separate agreement with Danson expressly incorporates the terms of this Agreement.
Should you wish to obtain “white-label”, customized or modified products, please contact Danson using the information contained on the "Contact Us" pages. Purchases of such products may not be made through this Website.
This Agreement is subject to the commercial terms negotiated with Danson prior to your obtaining access to this Website which may include specific lead-times, payment methods, shipping modalities, volume pricing and other aspects of purchases made on the Website (your “Purchase Plan”).
1. Prices and Confirmation of Sale
Danson and its affiliates attempt to be as accurate as possible. However, Danson does not warrant that product descriptions or other content of the Danson site are accurate, complete, reliable, current, or error-free. If a product offered by Danson itself is not as described, your sole remedy is to return it in unused condition.
Danson is not responsible for pricing, typographical, or other errors (including on Danson's website or in print advertising) and reserves the right to cancel any orders that you place for any reason (including as a result of such errors). Orders are not binding on Danson until the product is shipped by Danson or is otherwise expressly confirmed in writing by Danson.
All prices on the Website are expressed in Canadian dollars and exclusive of all applicable sales taxes.
2. Methods of Payment
You may pay by the payment method agreed with Danson in your Purchase Plan.
Danson reserves the right to charge you a late penalty of 1.5% per month applied against undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. Danson further reserves the right to seek collection of all overdue amounts (including by referral to third party collectors), plus all reasonable legal fees (including reasonable attorneys' fees) and costs associated with such collection.
3. Product Availability
While Danson strives to ensure product availability, it is possible that a product ordered through the Website may be at the time the order is placed (or later) discontinued or not available at all or in the quantity you requested. Danson shall not be held responsible for any lack of availability. In the event that ordered items are unavailable, you shall be informed by email and any payment you made will be refunded.
4. Warranty and Returns
Danson's limited hardware warranty covers defects in materials and workmanship in Danson-branded hardware products. You may return any defective product purchased on the Website within 90 calendar days of your receipt of such product. To return a product, you: (a) must contact Danson directly before you attempt to return the product; (b) must return the product in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product.
THIS IS THE ONLY WARRANTY OFFERED BY DANSON TO YOU WITH REGARDS TO ANY PURCHASE MADE ON OR THROUGH THE WEBSITE.
SOME PROVINCES OR STATES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS IN THEIR STATUTES. IN SUCH PROVINCES OR STATES, THE FOLLOWING DISCLAIMERS MAY NOT APPLY TO YOU. DANSON DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. DANSON'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT ACCORDING TO DANSON’S WARRANTY PROCEDURES IN EFFECT ON THE DATE OF THE INVOICE. SUBJECT TO APPLICABLE PROVINCIAL OR STATE STATUTES THAT RESTRICT THE MANNER IN WHICH DANSON CAN MAKE MODIFICATIONS, DANSON RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME.
DANSON WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PURCHASE OF ANY PRODUCT ON OR THROUGH THE WEBSITE.
IN NO EVENT SHALL DANSON, ITS AFFILIATES, ITS OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS TOTAL COLLECTIVE LIABILITY FOR DAMAGES OF ANY KIND AND ANY INDEMNITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER CLAIMED IN CONTRACT, EQUITY, TORT, (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO ANY SUCH DAMAGE.
5. General Provisions
Danson shall not be responsible for or incur any liability for any failure to comply with, or any delay in the performance of, the terms of this Agreement where such failure or delay (directly or indirectly or in whole or in part) is caused or in any manner arises or results from (a) accident, fire, flood, explosion, or acts of God; (b) hostile or warlike action in time of peace or war; (c) insurrection, rebellion, revolution, civil war, acts of terrorism, acts of piracy, sabotage, civil disobedience, usurped power, or action taken by governmental authority in hindering, combating or defending against such occurrence; (d) strikes, slowdowns, lockouts or other labour or employee interruptions or disturbances, whether involving employees of that party or of any other person over which that party has no reasonable control; (e) acts, regulations or directives of governmental authority of competent jurisdiction and/or (f) any other event or cause, whether similar or dissimilar to the foregoing, beyond the control of Danson.
This Agreement shall be governed by and construed by the laws of the Province of Québec, Canada and the laws of Canada applicable in Québec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montréal, Province of Québec.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Danson which consent is within Danson’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Danson shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and Danson.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue.
If you have any questions, concerns or complaints regarding this Agreement, please contact Danson at:
514-335-2435 or 1-800-363-1865
Monday to Friday, 8:30 AM to 4:30 PM Eastern
Except on statutory holidays
514-339-2441 or 1-877-893-3267
Danson Decor Inc.
3425 rue Douglas B. Floreani,
St-Laurent, Québec H4S 1Y6