1. Application of These Terms
1.1. Scope: These Terms and Conditions ("Terms") apply to all purchases of products and/or services ("Products") by you ("Customer," "you") from DMC Printer Solution ("we," "us," "our") through our website https://dmcprintersolution.com/ (the "Site").
1.2. Acceptance: Placing an order signifies that you have read, understood, and are bound by these Terms.
1.3. Legal Capacity: You agree that you are of at least the age of majority in your province or state of residence and are legally competent to enter into a binding contract.
1.4. Amendments: We may, at our own discretion, update, modify, or replace any aspect of these Terms. The Terms current at the time you order will govern that order.
2. Products, Orders, and Acceptance
2.1. Product Information: Product descriptions, images, and specifications are available for information purposes only. We make every effort to be accurate, but we do not guarantee that they are wholly error-free, complete, or up to date.
2.2. Invitation to Treat: All information on our Site is an invitation for you to make an offer to buy Products, not an offer by us to sell.
2.3. Customer Responsibility: You are solely responsible for ensuring the Products you choose are appropriate for your proposed use.
2.4. Order Process: Your order is an offer to buy a Product under these Terms. We may accept or reject your order at our discretion, with or without cause, including but not limited to Product availability, pricing or description errors, or suspected fraud.
2.5. Confirmation of Order: Your acceptance of the offer and formation of a contract is when we send you an order confirmation email.
2.6. Price Errors: We are entitled to correct any mistakes in pricing or Product details prior to dispatching your order. If we find such a mistake, we will contact you to determine if you would like to continue at the accurate price or if you would like to cancel the order.
2.7. Availability: The orders are all subject to Product availability. In the event that a Product is not in stock, we will inform you immediately and will not charge you for such Product.
2.8. Pre-orders: In the case of pre-order Products, any release date given is an estimate, based on information from our suppliers, and is not guaranteed.
3. Pricing and Payment
3.1. Prices: Prices quoted on the Site are in US Dollars ($) and, unless otherwise stated, are exclusive of applicable sales tax (e.g., VAT, GST) and shipping charges.
3.2. Price Changes: We can alter Product prices at any moment without notice. The price you are charged is the price confirmed in your order confirmation.
3.3. Sales Tax: Calculated and charged applicable sales tax will be added to your balance at checkout depending on your delivery location.
3.4. Shipping Charges: Shipping and handling charges are charged to your order total and clearly presented to you before you confirm your purchase.
3.5. Payment: Full payment in advance is required using one of our accepted methods of payment (e.g., credit/debit card, PayPal) prior to shipment of your order.
3.6. Payment Security: All payment transactions are conducted using industry-standard 128-bit SSL encryption for security purposes.
3.7. Title: Legal ownership of the physical Products shall pass to you only upon our acceptance of full payment and after we have despatched the Product to you.
4. Delivery & Transfer of Risk
4.1. Delivery Address: We deliver only to street addresses. We do not deliver to P.O. Boxes.
4.2. Delivery Estimates: Any delivery timeframes that we give are only estimates and are not guaranteed. We are not responsible for delays that are caused by events outside our control (e.g., carrier delays, weather, customs).
4.3. Risk of Loss: The risk of loss or damage to the Products transfers to you when the carrier has confirmed delivery to your specified address.
5. Digital Products
5.1. Delivery: Once payment is successful, a secure, time-sensitive download link is sent to the email address of your order.
5.2. Responsibility: It is your responsibility to download the digital product and to keep a safe copy. We are not responsible for data loss after the expiry of the download link.
6. Support
Support options differ by Product. See the information included with your Product or contact us for information regarding support available on your particular purchase.
7. Your Statutory Cancellation Right (For Consumers)
7.1. Right to Cancel: As a consumer, you have a statutory right to cancel and to return most tangible Products within a stated "cooling-off" period (usually 7 to 14 days from the date you receive the goods), with the exception of an exempted product (e.g., bespoke or sealed software where the seal has been broken). The right is provided by statute and is not restricted by our optional guarantee below.
7.2. Process: In order to cancel your right, you should inform us of your decision by a clear statement (e.g., an email to info@dmcprintersolution.com).
7.3. Consequences of Cancellation: If you exercise this right to cancel, we will refund all payments received from you, including the standard delivery cost (if applicable), not later than within 14 days after the day we receive back the goods. We can deduct an amount if the goods have lost their value due to your handling beyond that required to inspect their nature and functioning.
8. Voluntary 30-Day Satisfaction Policy
8.1. Policy: Besides the rights afforded to you by law, we provide a voluntary 30-day satisfaction policy for physical Products, from the delivery date.
8.2. Process: To return under this policy, you are required to call our Customer Service department at +1 (899) 858-4445 to get an RMA number.
8.3. Condition: Products shall be returned unused, in the original packaging, and with all accessories and documentation provided.
8.4. Refund: We will refund the purchase price to your initial form of payment upon our inspection and acceptance of the returned Product. Refunds are made within 40 days from the date we authorize the return. Note: Original postage costs will not be refunded under this voluntary policy, except when a return is resulting from our mistake.
9. Limited Warranty
9.1. Coverage: We guarantee physical media (e.g., software discs) provided with Products to be free of defects in material and workmanship for a duration of 30 days from shipment.
9.2. Remedy: Your sole remedy for a breach of this warranty is, at our option, replacement of the defective media or refund of the purchase price.
9.3. Exclusions: This warranty shall not apply to damage arising from accident, abuse, misuse, neglect, unauthorized repairs or modification, or ordinary wear and tear.
9.4. Disclaimer: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ALL PRODUCTS ARE PROVIDED "AS IS" WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Process for Returns
10.1. Authorization is Required: Returns will be accepted only with a valid RMA number provided by our Customer Service department. Returns without an RMA number can be rejected.
10.2. Shipping & Risk: The cost and risk of returning the Products to us shall be borne by you. We highly recommend that you use a trackable shipping method and keep proof of postage. We cannot be held liable for items lost during transit.
10.3. Inspection: Returned items shall be inspected when received. Refund or replacement will be done subject to the condition of the returned Product.
11. Data Protection
We process and use your personal data as described in our Privacy Policy, which is hereby incorporated into these Terms by reference. Please read our Privacy Policy to know about our practices.
12. Limitation of Liability
12.1. Unlimited Liability: Nothing in these Terms excludes or limits our liability for: (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which under applicable law cannot be excluded or limited.
12.2. Liability Cap: Subject to Section 12.1, OUR TOTAL RESPONSIBILITY TO YOU IN CONNECTION WITH OR ARISING OUT OF ANY SINGLE ORDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR UNDER STATUTE, SHALL NOT EXCEED THE TOTAL PURCHASE PRICE YOU PAID FOR THE PRODUCTS YOU ORDERED THEREUNDER.
13. Software Licensing
13.1. End User License Agreement (EULA): Use of any software included with a Product is subject to the terms of the accompanying separate End User License Agreement (EULA). You accept being bound by the terms of the EULA.
13.2. Limitations: Unless specifically allowed by the EULA or by the law in effect, you will not decompile, reverse engineer, disassemble, or otherwise try to derive the source code of the software.
14. General Terms
14.1. Consumer Rights: These Terms shall be read together with, and not in addition to, your statutory rights. In case any provision is inconsistent with your non-waivable statutory rights, then your statutory rights will take precedence.
14.2. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without notice to you.
14.3. Severability: If one of these Terms is determined to be unenforceable or invalid, that Term shall be reduced in scope or eliminated to the extent necessary to make it enforceable and valid. The remaining Terms shall remain valid and enforceable.
14.4. Governing Law & Jurisdiction: These Terms and any other agreements whereby we supply a service to you shall be construed in accordance with and governed by the laws of the State of California, USA, without giving effect to its conflict of law principles. You agree irrevocably that the courts of the State of California shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these Terms.
15. Contact Us
In case of questions, concerns, or to accept any legal notices under these Terms, please reach us at:
Email: info@dmcprintersolution.com
Phone: +1 (899) 858-4445
Address:
DMC Printer Solution
55 California St, Suite 1450,
San Francisco, CA 94111, USA