TERMS AND CONDITIONS

Welcome to DALS Lighting

These terms and conditions outline the rules and regulations for the use of DALS Lighting’s Website. 

DALS Lighting is located at:

80 Boul. de la Seigneurie Est, 
Blainville, J7C 1N4 
Quebec, Canada

Last updated: April 15, 2020

Please read these terms and conditions carefully before using Our Service.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use DALS Lighting’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the country where the transaction is conducted. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. Unless otherwise stated, DALS Lighting and/or its licensors own the intellectual property rights for all material on DALS Lighting’s website. All intellectual property rights are reserved. You may view and/or print pages from http://www.dals.com for your own personal use subject to restrictions set in these terms and conditions.

Use of our Website

You agree that:

• You may only use the Website to make legitimate inquiries or orders; 
• You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities; 
• You also agree to provide correct and accurate email, postal and/or other contact details to us and you acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information); 
• If you do not give us all of the information that we need, we may not be able to complete your order; 
• You will not attempt to interfere or will not interfere in any way with the Site’s networks or related network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system; 
• You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity; 
• You will not use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, provincial, national or international law or regulation; and 
• By placing an order through the Website, you represent and warrant that you have reached the age of majority in the State or Province you live in, and are legally capable of entering into binding contracts. 

We may impose rules for, and limits on, use of the Site, or restrict your access to the Site, in whole or in part. We have the right to change these rules and/or limitations at any time, in our sole and absolute discretion. 

Placing an Order

No contract (“Contract”) in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded. 

To place an order, you will be required to follow the shopping process online and press the “Finalize Order” button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. 

You acknowledge and agree that we do not make any warranty or guarantee regarding when product(s) will be available. 

For all purchases made through the Site, you acknowledge and agree that your purchase receipt will be provided electronically only; paper copies of receipts will not be provided. 

Availability of Products

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will proceed with a refund.

Refusal of Order/Modifications to Website

We reserve the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website at any time. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from the Website, whether it has been sold or not, removing or editing any materials or content on the Website or for refusing to process or accept an order after we have sent you the Order Confirmation. In addition, we may also terminate, change, suspend or discontinue any aspect of the Site. 

Delivery

Products offered through this Website and/ are only available for delivery to addresses in Canada and United States of America. At this time, we are unable to deliver to PO boxes. Products shall be delivered by the parcel service we have identified.

Subject to the provisions of Section “Availability of products” above and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within fifteen (15) working days of the date of the Shipment Confirmation. Customized or special items may take longer. 

If, for any reason whatsoever, we cannot meet the delivery date set forth in the Shipment Confirmation, you will be informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note that we do not deliver on Saturdays and Sundays. How soon you receive the product(s) depends on the shipping method you have chosen. 

We will consider delivery of a signature required delivery to have occurred upon signing for receipt of the products upon delivery. We will consider delivery of a parcel that does not require a signature for delivery to have occurred upon confirmation from the delivery service that the parcel has been left at the agreed delivery address or otherwise as set forth in Section “unable to deliver” of these Terms. 

Unable to Deliver Shipment

For signature required deliveries, we will make three (3) attempts to deliver your parcel before initiating a return. For the purposes these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to have been “delivered” upon receipt of the product(s) at the designated delivery address, upon signing for the product(s) (for signature required deliveries) at the designated delivery address, or upon in-store pickup, as applicable.

If we are unable to deliver the goods, we will try to find a safe and secure place to leave your parcel. Signature required orders which cannot be delivered will be returned to the warehouse. For more information, please contact the UPS customer service or DALS customer service.

Risk and Title

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the product(s), including delivery charges, or upon delivery.

Price and Payment 

The price of the products shall be the one quoted on our Website, except where there is an error. While we take care to ensure that all prices and terms quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling the order. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. To the extent permitted by law, we are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales taxes (if applicable). The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time. All prices are in US dollars (USD). Sales tax is charged (if applicable) according to the shipping address of your order or as provided in applicable law and regulations.Payment can be made by Visa, MasterCard, American Express, Discover, (either as credit or debit cards).

If payment is made by credit or debit card, upon receiving your order we will seek a pre-authorization on your card to ensure there are enough funds to complete the transaction. The amount of a purchase will not be charged to your card until your order has been shipped to the delivery address. However, if payment is made through PayPal, a DALS LIGHTING gift card or a DALS LIGHTING credit note, the amount of your purchase will be charged when we send you the Shipment Confirmation. 

By clicking on the “Finalize Order” (or Authorize Payment) button, you are confirming that the credit card or debit card is yours. Credit and debit cards are subject to validation checks and authorization by the credit or debit card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery. 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Limitatity

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us by email: info@dalslighting.com