Terms and Conditions
These terms and conditions govern purchasing of products from D-Ziner.com, LLC. Any additions or different terms in any way or form delivered by the client are deemed to be material alterations and are therefore considered null and void.
Let these terms and conditions be treated as an objection and rejection of all such terms laid forth by the client.
An order placed for products as offered by D-ziner.com, LLC’s quotations, invoices, purchase order forms, or other means such as email, over the phone or verbal, the client agrees to be bound and agrees to abide by these terms and conditions.
If the client is in disagreement with the terms, please contact us at sales@d-ziner.com to have us review the terms and conditions, as, unless specified by us through communication via email, no term and condition of this agreement will be considered void and will hold true.
The general descriptions of products as posted on and delineated by our website do not constitute part of the agreement between D-ziner.com, LLC and the client.
Application of terms and client acknowledgment
By placing an order the client acknowledges and is bound by these terms. D-ziner.com, LLC holds the right to change, alter, modify, allow, disallow and/or remove any of the terms and conditions mentioned here.
These terms govern and regulate the client and D-ziner.com, LLC relationship with respect to the client’s purchase of products from us and therefore, constitute a binding agreement between the client and D-ziner.com, LLC.
These Terms govern the relationship between Client and D-ziner.com, LLC with respect to Client’s purchase of the Products and constitute a binding contract between Client and D-ziner.com, LLC.
Governing Law
This agreement is governed by the state of Delaware and therefore shall be construed under the laws of the state of Delaware. Disputes between the parties shall be brought exclusively in the state or federal courts within the jurisdiction of the state of Delaware.
In case of non-payment, neither party may institute any action in the form arising out of these terms and conditions, more than 1 year later to the conduct or event resulting in the cause of action occurred. The rights and remedies that D-ziner.com, LLC provides under these terms and conditions are cumulative, are in addition to, and do not limit or prejudice any right or remedy of D-ziner.com, LLC at law or in equity.
Purchase Price
The prices of products are listed on D-ziner.com, LLC’s website. In addition, we also offer discounted pricing upon special requests from our clients. The prices are subject to changes and alterations depending on what is deemed fit by the D-ziner.com, LLC’s team in order to keep D-ziner.com, LLC at a profitable level.
The prices are also subject to fluctuation at the time of or after the submission of a purchase order or website order of all products advertised by D-ziner.com, LLC through its website, or communicated through other media such as email, phone communication, or verbal/in-person communication of price.
Risk of Loss of Goods, Security Interest
The risk of loss of goods or damage to goods passes to the client once the order has been shipped from our warehouse. D-ziner.com, LLC, charges shipping and handling fees only for expedited shipping since ground shipping is offered free unless a special promotion or contract terms specifies otherwise; such costs include the freight charged by carrier, packaging, and handling, but doesn’t necessarily equal a direct pass-through of such cost to the client.
D-ziner.com, LLC holds and retains a security interest in the products until payment in full is received. This holds valid until the products bought from D-ziner.com, LLC have been paid in full by the client. The client will be responsible for shipping and related charges.
Delivery times mentioned in our Shipping Policy are estimates only and shall not amount to D-ziner.com, LLC being accountable or liable for delay of any kind including but not limited to delays that are a result of circumstances beyond D-ziner.com, LLC’s control. This includes without limitation, the product’s availability, delays from the carrier’s end because of fire, severe weather conditions, failure of power, labor issues, acts of war, acts of God, or actus of any agency or government.
Export Sales
Orders that necessitate the export of products are subject to Export Administration Regulations. All such products exported by D-ziner.com, LLC will be in compliance with the Export Administration Regulations. The diversion of products in contradiction to U.S. law is explicitly prohibited. The client explicitly and expressly represents and warrants that it is qualified and eligible to receive products under U.S. law and agrees that it shall neither export nor re-exports or provide such items to any country, person, or entity in contravention of regulations imposed by the U.S. Government without obtaining prior authorization from all concerned U.S. authorities.
It is solely the client’s responsibility to ensure compliance to U.S. export laws if the intention at the time of purchase is that of export of goods outside of the U.S.A.
Limited Manufacturer’s Warranty
The client agrees and understands that D-ziner.com, LLC is a reseller only and not a manufacturer of products purchased by the client. Therefore, the warranties offered are only that of the manufacturer of the product the client purchases from D-ziner.com, LLC.
For the products sold as new in condition, the client understands that warranty claims are to be directed to the manufacturer and not D-ziner.com, LLC. The client also understands that D-ziner.com, LLC expressly disclaims all warranties in express or implied form, related to the products sold without limitation, any warranty of title, accuracy, merchantability, fitness for a particular purpose, or non-infringement.
For refurbished items, a 30-day warranty is offered only for the functionality of the products and does not amount in any way to the cosmetic condition of the product. D-ziner.com, LLC shall not be held accountable due to the cosmetic condition of the refurbished or used items sold to the client.
Pricing information, Availability, Errors, and Omissions Disclaimer
All pricing is subject to change. D-ziner.com, LLC reserves the right to adjust pricing and product offering for reasons mentioned below:
- Changing market condition
- Errors in advertisements
- Product Availability
- Product discontinuation
- Manufacturer price changes
All orders are subject to availability and therefore, the client understands and agrees that D-ziner.com, LLC is not accountable for any damages arising out of availability and pricing changes.
Limitation of liability
D-ziner.com, LLC shall not be liable for any consequential, special, punitive, incidental, or any other indirect damages, regardless of the cause of action and even if the client has advised D-ziner.com, LLC of the possibility of such damages.
The maximum amount of direct damages D-ziner.com, LLC will be liable for is an amount equal to the amounts paid by the client to D-ziner.com, LLC for the products and services for which a claim has been made, or the sum of $ 10,000.00 whichever is lesser.
Payment Terms, Orders, Taxes, Interest
Until accepted, orders are not binding upon D-ziner.com, LLC. The terms of payment are within the sole discretion of D-ziner.com, LLC. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. D-ziner.com, LLC may invoice parts of an order separately.
The client is solely responsible for and will indemnify and hold D-ziner.com, LLC harmless from any applicable sales, use, or other taxes or federal, state, or local fees. This also includes any assessments associated with the order.
Notices to D-ziner.com, LLC shall be addressed to:
D-ziner.com, LLC
251 Little Falls Drive, Wilmington, DE 19808
ATTN: Legal Department