Discount Dollies (dot) com - Terms & Conditions

By using this web site, you automatically accept the terms and conditions as posted here.

All orders are subject to all of the terms and conditions printed hereof, which include provisions disclaiming and excluding liability for consequential damages, each of which buyer agrees to buy acceptance of his order. Only such terms and conditions shall constitute the agreement between the parties.

The following terms and conditions apply to any order:

1. Agreement. By ordering or accepting the goods described in any order, buyer agrees to the terms and conditions set forth herein, none of which may be added to, modified, superseded or otherwise altered except by a written instrument signed by a authorized representative of DiscountDollies.com and delivered to buyer. Any different or additional terms and buyer’s acknowledgement, purchase order or other document of buyer are hereby rejected, notwithstanding any terms and conditions that may be contained in such acknowledgement, purchase order or other document of buyer and notwithstanding DiscountDollies.com’s act of shipping goods or similar act of DiscountDollies.com. If this offer shall be deemed and acceptance of a prior offer by DiscountDollies.com, such acceptance is expressly conditioned on DiscountDollies.com’s written assent to any additional or different terms contained herein. Acceptance of orders, and delivery thereunder, are at all times subject to the approval of DiscountDollies.com’s financial officer.

2. Pricing: DiscountDollies.com reserves the right to change the prices at any time. Orders are not binding upon DiscountDollies.com until accepted by DiscountDollies.com. The customer is responsible for – and will hold DiscountDollies.com unaccountable for – applicable sales, use or other taxes in addition to federal, state or local fees or assessments which may apply to any purchase from DiscountDollies.com.

DiscountDollies.com is not liable for pricing errors. If customer places an order for a product that was incorrectly priced, DiscountDollies.com will cancel the customer’s order and credit customer for any charges. In the event that DiscountDollies.com inadvertently ships an order based on a pricing error, DiscountDollies.com will issue a revised invoice to the customer for the correct price and contact the customer to obtain the customer’s authorization for the additional charge, or assist the customer with return of the product. If the pricing error results in an overcharge to the customer, DiscountDollies.com will credit the customer’s account for the amount overcharged.

3. Training, Operating Instructions and Use. DiscountDollies.com makes no warranty of fitness of equipment for any particular purpose and DiscountDollies.com does NOT provide operating instructions or training regarding proper use of the products. DiscountDollies.com is not responsible for incorrect or missing technical information or specifications relating to the use of the equipment. Please check with the manufacturer of each product for operating instructions and technical considerations. By purchasing from DiscountDollies.com, the customer acknowledges that he has not receiving any training or operating instructions from this website.

Lifting and moving of heavy loads requires adequate knowledge, experience and training. By purchasing equipment from DiscountDollies.com, customer agrees that said equipment will be operated by a professional who has the experience, technical knowledge and skills that are necessary to use the equipment safely and correctly. By purchasing from DiscountDollies.com, customer understands that products are not intended to be used by inexperienced operators.

Once the purchased products leave their point of origin, they are no longer under DiscountDollies.com’s control. By purchasing from DiscountDollies.com, customer understands that DiscountDollies.com is not liable for any accident or act which occurs with or in relation to the shipped and/or delivered products.

4. Vendor License & Association Standards Agreements. The customer agrees to abide by all the license requirements, provisions and/or standards imposed by the manufacturer and appropriate ISO mandates or rigging associations.

5. Buyer's Duty To Inspect. Buyer must immediately inspect all materials for shortages, conformity with order and defects. If goods appear not to conform to the contract between the buyer and DiscountDollies.com, buyer shall discontinue their use and immediately notify DiscountDollies.com of such condition and afford DiscountDollies.com a reasonable opportunity to inspect the same. Claims for shortage or deductions for erroneous charges must be presented within fifteen (15) days after receipt of the goods or they will not be allowed. No material will be taken back and credited or replaced unless arrangements for return have been made with DiscountDollies.com. DiscountDollies.com may, as its option, replace those products proven defective or allow credit for an amount not exceeding the sum of the original purchase price thereof.

6. Disclaimer of warranties. DiscountDollies.com warrants only that the goods are as described therein, but no other express warranty is made. If any model or sample was shown to buyer in person or on DiscountDollies.com’s websites, such model or sample was used merely to illustrate the general type and quality of goods and not to represent that the goods would necessarily conform to the model or sample.

The goods sold under this agreement are purchased by buyer “as is” and “with all faults” and DiscountDollies.com makes no warranty of merchantability or fitness for any particular purpose.

7. Manufacturer’s Warranties. DiscountDollies.com does not offer any warranties for any products, but will offer assistance in obtaining a warranty from the original manufacturer. In the event of a faulty or damaged product, please contact customer service within 10 (ten) business days of receiving the product(s) in order to facilitate an exchange, repair or replacement via the manufacturer’s warranty (if available). (For orders damaged during shipment, please see above paragraph regarding shipping). Most warranties are void if product is taken out of original packaging and used, so please inspect the purchases thoroughly before use and before throwing away the original packaging. DiscountDollies.com offers assistance in obtaining warranty coverage and cannot guarantee a warranty for any product through any manufacturer.

8. Return Policy. DISCOUNTDOLLIES.COM DOES NOT ACCEPT ANY MERCHANDISE RETURNS as such items may no longer be new and unused and any applicable function test and load proof test may be void. (For information about returning a defective product, please view the Warranty paragraph above.)

9. No liability for consequential damages. UNDER NO CIRCUMSTANCES SHALL DISCOUNTDOLLIES.COM BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES BASED UPON LOST GOOD WILL, LOST SALES OR PROFITS, WORK STOPPAGE, DELAY, PRODUCT FAILURE, IMPAIRMENT OF GOODS OR OTHERWISE AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, and in any case, DiscountDollies.com’s liability for any and all losses and damages sustained by buyer and others, arising out of or by reason of this contract shall not exceed the original purchase price of the products upon which liability is founded.

DiscountDollies.com is NOT responsible for ANY loss, liability, injury or damage which results from use of the products sold on its websites. The term “use” refers to any and all operation of the products, from misuse and abuse of the purchased tools to operation of faulty or defective products to proper use which results in a mistake or accident. By purchasing from DiscountDollies.com, customer purchases and uses these products at his own risk.

10. Data Accuracy. DiscountDollies.com provides technical information, specifications and item description with each product. DiscountDollies.com is not responsible for any errors or omissions in the text, data, quotes, invoices, graphics or any other form of communication, provided verbally or written. DiscountDollies.com does not guarantee data accuracy on its website or documents and disclaims all liability. We reserve the right to make technical modifications which serve to improve function and quality. If customer places an order for a product that was listed with incorrect product specification, we will cancel the customer’s order and credit the customer for any charges. In the event that we inadvertently ship an order based on a product specification error, we will assist the customer with the return of the product.

Once the customer receives the product, it is the customer’s responsibility to inspect the product in its original packaging and verify that the product meets the specifications as ordered. The customer must not use the product without first verifying that it is the appropriate product for the application in which it will be used. In the event that the customer receives the incorrect product, the customer must contact customer service to obtain assistance with the return/exchange of the product. See above “Buyer’s duty to inspect”.

11. Enforcement of terms: No waiver. Any forbearance or failure of DiscountDollies.com to enforce any provisions of these terms and conditions or to exercise any right arising from any default of buyer hereunder shall not affect or impair DiscountDollies.com’s rights, and no such forbearance or failure shall be construed as a waiver of DiscountDollies.com’s rights to act or to enforce each and every such provision.

12. Conflict with applicable law. Severability. No term or condition herein shall be effective or binding to the extent that it may be illegal or require an illegal action. If any provision of these terms and conditions shall be judged by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such adjudication shall not affect or modify any other provision of these terms and conditions and the effect thereof shall be confined to the provision as to which such adjudication is made.

13. Modification. No agreement or understanding in any way modifying the conditions of this order shall be binding upon DiscountDollies.com unless made in writing and approved by DiscountDollies.com. Extras will be paid for only on the prior written order of DiscountDollies.com.

14. Entire agreement. This order, together with any attached specifications and drawings, constitute the entire final written agreement between the parties and is a complete and exclusive statement of all of the terms of such agreement.

15. Interpretation. This order shall be construed according to the laws of the state of North Carolina, USA. The application of the United Nations Convention on contracts for the international sale of goods (1980) is excluded.

16. Indemnification. To the fullest extent permitted by law, buyer shall save and hold DiscountDollies.com, its directors, officers, employees, agents and representatives harmless from and indemnify, defend, and protect such parties against all liabilities, loss, claims, demands, damage (including damage to property or bodily injury) and expense (including reasonable attorney fees) arising out of or in any way resulting from buyer’s performance or non-performance hereunder, including any defect or nonconformity with buyer’s warranty of the goods and services delivered hereunder, any act or omission of buyer, its agents, employees or subcontractors. Any act or omission of any carrier selected and employed by buyer to deliver goods ordered hereunder to DiscountDollies.com. Any failure by buyer, its agents, employees, carriers, or subcontractors to comply with the terms hereof, any infringement or claim of infringement of any patent, unpatented invention, copyright, design process, trademark, trade name, brand, slogan, unfair competition, or other adverse rights, or any litigation based on or arising out of the forgoing. This acknowledgement will serve as the buyer’s written order if one is not provided.

17. Copyright & Trademark info. All text, images, graphics, user interfaces, videos, photographs, trademarks, logos provided by DiscountDollies.com and content on DiscountDollies.com’s websites (referred to here as "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to DiscountDollies.com. It is protected by copyright, trade dress, trademark laws, and various other intellectual property rights laws. Unless permitted in writing, no part of the site and no Content may be reproduced, retransmitted, sold, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose without DiscountDollies.com’s prior express written consent. The customer is not granted any rights or license to patents, copyrights, trade secrets, trade dress, and rights of publicity or trademarks with respect to any of the Content. DiscountDollies.com reserves all rights. DiscountDollies.com expressly disclaims all responsibility and liability for the customer’s use of any Content obtained on or in connection with the Site.

DiscountDollies.com is a registered trademark, trademark or service mark. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of DiscountDollies.com. All other trademarks or service marks are property of their respective owners. The use of any DiscountDollies.com trademark or service mark without DiscountDollies.com’s express written consent is strictly prohibited.