Dyno Decorative Bows
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DYNO DECORATIVE BOWS TERMS OF PURCHASE

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We at Dyno Decorative Bows, Inc. ("Dyno") want your online experience to be enjoyable, simple, and successful. To that end, we have created a these Terms of Purchase (the "Terms of Purchase") to explain the terms governing your purchase experience. Please note that by purchasing products ("Products") from dynodecorativebows.com (the "Site"), the customer ("you" or "your") agree to be bound by these Terms of Purchase, [the Dyno Privacy Policy] and the other Dyno policies on the Site (collectively, the "Dyno Policies"). Dyno reserves the right to modify, alter, or otherwise update the Dyno Policies at any time. Dyno will post such changes to the Site, and you agree to monitor the Site and the Dyno Policies for such revisions. Your purchase of the Products following the posting of any changes to the Dyno Policies will constitute your acceptance of such changes. Please contact us if you have any questions or concerns after reviewing the Dyno Policies.

ORDERING & PAYMENT

Ordering Methods

You may order Products in one of four ways:

  1. By clicking the "Buy Now" button on any Product page on the Site and using the online order processing system,
  2. By calling 1-800-448-3966 from Monday to Friday, between the hours of 9 A.M. and 5 P.M. (EST) and placing a phone order,
  3. By mail order, with purchase request and payment sent to:
       Dyno Decorative Bows, Inc
       1571 W. Copans Road, Suite 105,
       Pompano Beach, FL 33064
  4. By Fax, with purchase request and payment method sent to: 210-579-7087

Orders placed by phone, fax or on the Site can be paid for by credit or debit card. Dyno accepts VISA, MasterCard and American Express credit or debit cards. Orders sent via mail can be paid by credit card, cashier's check, or money order. Dyno reserves the right to reject any order for Products, for any reason whatsoever.

Order Cancellation

[Orders for Products may be cancelled without charge at any time prior to shipment]. In addition, orders for Products that are backordered, unavailable, discontinued or temporarily out of stock may be cancelled at any time prior to shipment. THE FOREGOING NOTWITHSTANDING, EXPEDITED AND RUSH ORDERS PLACED ON THE SITE MAY NOT BE CANCELED, REGARDLESS OF WHETHER YOU RECEIVED NOTICE OF SUCH EXPEDITED ORDER STATUS.

Order Confirmation

If you have provided an e-mail address with your order, Dyno will send you an e-mail order confirmation. If you have not included an e-mail address, you will receive a confirmation of your order by regular mail when your order is shipped.

Credit and Debit Card Purchases

When you provide Dyno with your credit or debit card information, you authorize Dyno to obtain a pre-approval from issuing card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval is in place. You authorize Dyno to bill your credit or debit card and process a transaction under your debit or credit card once Dyno processes your order. Certain debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. Dyno is not responsible for any delays caused by errors in your credit or debit card processing.

Ownership

You agree that Dyno owns all right, title and interest in and to the design of and patterns on the Products any custom Products you purchase.

Prices

Dyno endeavors to offer you competitive prices on its Products. Such prices are published on the Site, [in its catalog] and in certain other promotional materials. Product prices quoted are net of taxes, shipping and handling, and Dyno reserves the right to change the prices of any of its Products at any time, for any reason. Such changes will be posted to the Site.

Sales Tax

You are responsible for all sales tax on the Products you purchase. Dyno will charge you applicable sales tax based on your shipping address and the sales tax rate in effect at the time your order is billed. If you place an order for Products by phone, the Dyno sales representative will provide an estimated order total including tax and applicable shipping and handling charges. Your order confirmation will include the final amount of applicable sales tax charged. Notwithstanding the foregoing, authorized resellers of Dyno Products who hold reseller certificate may be exempt from sales tax.

Fraudulent Credit Card Charges or Fraudulent Claims

Requests to negate charges due to fraudulent charges are investigated by our technical department and legal department. If such claims are themselves fraudulent, we may report your action to the credit card services, which may result in cancellation of your card services, posting of negative information to your credit report and potential criminal charges filed against you.

Sales to End Users

Unless you have been confirmed in writing by Dyno as an authorized reseller of the Products, you may not purchase the Products for resale. Dyno reserves the right to refuse or cancel your order if it suspects you are purchasing Products for resale without proper authorization. In such a case, as your sole recourse, Dyno will refund any amounts paid for Products that have not been shipped. Dyno reserves the right to refuse Product returns if it suspects you are purchasing Products for resale.

Product Limits

Dyno may limit the quantity of certain Products available for purchase by you based on available quantities or the popularity of such Products. Dyno will inform you of such quantity limits by posting the limits to the Site, by notifying you during checkout or by sending written notice. Dyno reserves the right to change quantities of any Products available for purchase at any time.

Product Availability

Please allow [two business days] for order processing. Dyno attempts to provide you with the Products you order in a timely manner, but there may be occasions when Dyno cannot supply the ordered Products, either in the quantities requested, in the time requested or at all. Orders for unavailable Products may be cancelled in their entirety or partially cancelled with respect to the unavailable Products. Dyno will issue refunds for such cancelled orders or Products, as applicable.

Items marked "Temporarily Out of Stock" are available for ordering, but are not currently in stock. If you order an item that is Temporarily Out of Stock, you will receive e-mail notification when the Product is in stock and when it is expected to be delivered.

Items marked "Currently Unavailable" are not available for ordering and Dyno does not have an estimate of when they will be in stock. You will be notified if any Products in your order are unavailable, and you will have an opportunity to exchange or cancel the order for such Products.

Placing an available item in the shopping cart on the Site does not reserve that item. Available inventory is assigned to your online order only after you click the “Place Your Order” button and receive e-mail confirmation.

SHIPPING

Dyno offers shipment of its Products by UPS Ground, UPS 2nd Day Air and UPS 3 Day Select. Shipping costs and arrival times for orders depend upon the shipping method you select. Products are typically processed and shipped within two business days of receipt of payment for an order. Orders by mail or fax are shipped once payment is received and has cleared. Orders are not processed on Saturdays, Sundays or major holidays. Orders placed after [5:00 P.M. on Friday] will be processed the following week. Dyno will not ship to P.O. boxes, and shipments with P.O. box listed as the recipient will be cancelled. Dyno is not responsible for delays in shipment.

Delivery and Acceptance

Terms of shipment are F.O.B. Dyno’s facility. You will pay all shipping costs, insurance, taxes, storage charges, expedited service fees and other costs or expenses relating to its receipt of Products, and you will bear the risk of loss after Dyno completes delivery to the carrier. Shipping and delivery schedules are approximate and based upon conditions at the time of acceptance. Should Dyno bear any additional costs for your account, such sums shall not be considered as having been included in the price quoted for the Products and must be reimbursed by you.

Calculating Cost

All Product orders are shipped according to a flat-fee shipping schedule based on the number of master cases in a shipment appearing on the shipment summary. Shipping and handling charges will be provided during the online check out process or prior to purchase for orders placed by phone, according to the following domestic shipping rate table:

Flat Fee Shipping and Handling Rates

Shipping Method Time Estimate Cost
UPS Ground 5-7 business days to any location in the United States $9.99 per master case
UPS 2nd Day Air 2 business days to any location in the United States $76.00 per master case
UPS 3rd Day Delivery 3 business days to any location in the United States $45.00 per master case

International Shipping & Handling and Shipping to Hawaii and Alaska

The rates set forth above do not apply to international orders. Shipping to destinations outside the 48 contiguous United States must be specially arranged with customer service. Additional charges will apply and you agree to pay them, if applicable.

Shipping Estimates

Dyno provides estimated shipping and arrival dates for Products purchased on the Site. Orders with multiple Products may be shipped in two or more shipments as each Product is available. If you have requested a complete shipment of in-stock items, please add three to four additional business days for consolidation processing and shipping.

Multiple Delivery Attempts

For your security, UPS may require a signature at time of delivery. During checkout, please provide a delivery address where you can sign for your package when it arrives. Dyno is not responsible for delays in delivery caused by your unavailability. If the shipping carrier cannot deliver your order after several attempts, your order may be cancelled and returned to Dyno. You will be responsible for additional shipping and handling charges incurred as a result of the failed delivery.

Returns

If your order is damaged or if the Products delivered are incorrect, or if you otherwise wish to return or exchange your Products, please notify Dyno promptly. Products returned later than [10 days] from your receipt of shipment may not be returned. In addition, all returns are subject to the terms of our return policy.

DISCLAIMER OF WARRANTIES

THE PRODUCTS ARE PROVIDED BY DYNO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DYNO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DYNO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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.

LIMITATION OF LIABILITIES

IN NO EVENT WILL DYNO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING FROM THESE TERMS, THE PRODUCTS OR THE USE OF THE SITE. DYNO’S MAXIMUM LIABILITY FOR CLAIMS ARISING UNDER ANY OF THE DYNO POLICIES SHALL BE LIMITED TO THE In no event will Dyno be liable for loss of profit, punitive, indirect, special, incidental, or consequential damages arising out of any breach of these Terms of Purchase or any other Dyno Policies or with respect to the Products offered for sale on the Site. Any liability or obligation you Dyno may have arising from or under any of the Dyno Policies shall not exceed the PURCHASE PRICE PAID TO DYNO FOR THE PRODUCTS THAT IS ARE THE SUBJECT OF THE CLAIM. Dyno shall not be liable for any damages caused by delay in delivery or furnishing any Product.

FORCE MAJEURE

Any delay or failure by Dyno to perform any of its obligations under any Dyno Policies, which is caused by any condition that is beyond the control of the Dyno, is excused. Dyno, in good faith, will attempt to effect delivery by the date specified but shall not be responsible or liable for delays or failure to make deliveries due to strikes, accidents, fire, or other causes beyond its control.

APPLICABLE LAW

All matters relating to these Terms of Purchase will be governed and construed in accordance with the laws of the State of Florida, excluding its choice of law provisions. You irrevocably agree that any legal action or proceeding arising out of or relating to these Terms of Use brought will be brought and determined in federal court located in the United States District Court for the Southern District of Florida , Ft. Lauderdale Division (or, if such federal court lacks jurisdiction thereover, in the 17th Circuit Court of Florida sitting in Broward County, Florida), and you hereby irrevocably submit to the exclusive jurisdiction of the aforesaid courts, with regard to any such action or proceeding arising out of or relating to these Terms of Purchase.

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE SITE AND THESE TERMS OF PURCHASE.

SEVERABILITY

If any term or provision of these Terms of Purchase is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of the provisions herein; these Terms of Purchase will be deemed amended to the extent necessary to make them enforceable, valid and, to the maximum extent possible, consistent with applicable law and the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

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