Terms and Conditions Agreement
Created and updated September 1, 2021
Acceptance of Terms
By using our site and/or by purchasing from our online store, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by the Terms and Conditions, do not use our website and/or don’t purchase any products from us.
Sale of Our Products and Returns
The Products that we offer online are available only to individuals who are at least 18 years old and capable of forming a binding contract with us. You can purchase our products by placing orders via our website dabstoryshop.com however we reserve the right to cancel your order in certain circumstances. This may happen, for example, when the product you ordered is out of stock, there are inaccuracies or errors in products or pricing information, our finance department or payment processor identifies any problem with processing the payment, shipping from our European warehouse will be restricted by event beyond our control or in other circumstances that we, in our sole discretion, deem appropriate. DABSTORY will not charge you for orders that we do not process or cancel. You will be charged immediately upon placing an order. DABSTORY will use commercially reasonable efforts to have orders delivered within the estimated delivery time. Please remember some of our products may be shipped to the United States from Europe thus it is possible that the shipment of the ordered product may be delayed due to factors beyond our control, and we will not be liable for any such delays. If you are making payment by credit card, you hereby authorize DABSTORY, its subsidiary or its third party payment processing service providers to charge your credit card for the price of the product you have purchased.
DABSTORY attempt to provide accurate descriptions of products on our website. However, there may be inaccuracies in the product descriptions, or the products may look different on your mobile device that you use to make a purchase. That is why DABSTORY can’t warrant that the product descriptions, colors, images or videos are accurate, complete, reliable, current or error- free. If a product offered on our website is not as described, your sole remedy is to contact us and we will follow our return policy.
DABSTORY reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a Product whose price was incorrectly posted on our sites as a result of an error. If this occurs, DABSTORY will notify you by email and issue the appropriate refund.
DABSTORY cannot guarantee that an item listed as "in stock" will actually ship right away, as the level of our inventory can change significantly in one day. If we determine that a Product you ordered is no longer available in our warehouse, we will cancel that item from your order and provide you a full refund towards the cancelled Product, if you have already paid for it. We will notify you about the cancelation by email. DABSTORY reserves the right to limit the quantity of products purchased per person or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address.
Unless otherwise required by law, DABSTORY accepts returns of our Products in accordance with the following terms. All items purchased from our website can be returned within 30 days of receipt. However, we do not accept refunds of any “on sale” Products. Purchase of any on sale product is final and not subject to any refunds right. If any returned product will display ANY SIGNS OF USE IT WILL RESULT IN REFUSAL OF YOUR RETURN. To return any Product purchased from us please use this link https://dabstoryshop.com/returns-open.php or email us at email@example.com and provide your name, order number and specify the items you want to return and we will provide you with the additional instructions. We will email you the return form that you have to complete in order to process your return. You will responsible for all cost associated with shipping back the returned item. Any refunds will be processed within 14 business days from the date we receive the returned product.
The risk of loss and title for such all items purchased from DABSTORY pass to you upon our delivery to the carrier.
Ownership IP Rights
All contents on our site graphics, images, video, works of authorship of any kind, and information or other materials that are posted, generated, provided are collectively referred to as "Content". The Content, and all associated intellectual property rights are the sole and exclusive property of DABSTORY and/or its licensors, and may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by DABSTORY. You acknowledge that the Content are protected by copyright, trademark, and other laws of the United States and foreign countries.
Third Party Sites
Our website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
You agree to indemnify, defend, and hold harmless DABSTORY its officers, owners, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs (including attorneys’ fees) resulting from any violation of these Terms.
DABSTORY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF ANY PRODUCTS OFFERED ON OUR WEBSTIE FOR ANY PURPOSE. ALL PRODUCTS ARE ARE SOLD BY DABSTORY ON AN "AS IS" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY DABSTORY. DABSTORY AND ITS OWNERS, EMPLOYEES, AGENTS, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR SPECIFIC NEEDS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DABSTORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. DABSTORY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS PURCHASING PRODUCTS FOR PERSONAL PURPOSE.
Dispute Resolution Venue and Governing Law
You agree that this Agreement and your use of this Website are governed by the laws of the State of New Jersey, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in New Jersey, USA in all disputes arising out of, relating to, or concerning this Website and/or this Agreement. In addition, you agree that these Terms and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.
Agreement to Arbitrate
ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS WEBSITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN HACKENSACK, NEW JERSEY, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
Unless you and DABSTORY otherwise agree, the arbitration will be conducted in Hackensack, New Jersey. If your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of the documents that you and DABSTORY submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $5,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.Changes
Notwithstanding the provisions of the "Modification of Terms" section above, if DABSTORY changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice by email to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of DABSTORY’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DABSTORY in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between DABSTORY and you regarding purchase of any Product on our website. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Arbitration" section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without DABSTORY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. DABSTORY’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DABSTORY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Modification of Terms
We may modify the Terms and Conditions at any time and if we do so, we will let you know either by posting the modified Terms on our website or sending you email. It is important that you review the Terms and Conditions whenever we modify them because if you continue to use our website and/or purchase a product after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you shall not use our website and/or you shall not purchase any products from us.
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