PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE DELSPRING WEBSITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. These terms and conditions apply to the web site located at www.delspring.com (the “WEBSITE”) and the design and content featured on this Website including test, materials, clothing and other product designs, products information, graphics, artwork, images, photography, audio and video clips or software, data and other information on this Website as may be updated from time to time (the “Content”). By Accessing and using this Website and the Content, you agree to be bound by these terms and conditions. These terms and conditions may change from time to time without prior notice to you, and you agree to be bound by the terms and conditions which are in effect each time you access this WebSite and/or the content. If you do not agree with these terms and conditions, do not access or use the WebSite or the Content.
Consent and Restrictions
Please note that your use of this Web Site and/or the Content constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Web Site and thereby bypass this Agreement, your use of this Web Site still binds you to the terms of the Agreement. We reserve the right, at any time, to modify, suspend or discontinue our Web Site and/or any Content without notice to you.
Prohibited or Unlawful Use
You agree to forthwith defend, fully indemnify and hold Delspring, including its affiliates, subsidiaries, and their respective officers, employees, completely harmless from and against any and all loss, actions, claims, damages, costs and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Web Site, including any Content on the Web Site, and your User Content. This provision shall survive the termination of this Agreement and remain in full force and effect.
Review of Transmissions
Purchases from the Delspring Online Store
If you are making a purchase from Delspring’s online store, you hereby confirm that you have read and understood the Delspring Terms and Conditions of Sale below, the terms of which are incorporated herein by reference, and agree to abide by those terms.
Terms and Conditions of Sale
These Terms and Conditions of Sale are applicable to the Delspring online store at the www.delspring.com (“the website”) and to orders and sale transactions for products available at the Online Store (“Product”). The Online Store is owned by and operated by PlusHeat corporation, and its affiliates (“PlusHeat”, “We” or “US”) With regards to your purchases of Products from the Online Store, you agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing. These terms and conditions may change from time to time, and you agree to be bound by those terms and conditions in effect at you place an order at the Online Store. By placing an order for Products you agree to be bound by and accept these Terms and Conditions of Sale whether or not you have read them.If you do not agree to these Terms of Sale, please do not proceed with your order. Please print and retain a copy of these Terms of Sale for your records.Orders may only be placed by US and Canada residents having a US and Canada mailing address and we only ship Products to street addresses in the US and Canada.
Orders from the Online
To be able to buy Products from the Online Store you must provide a delivery address in the United States and Canada. Certain addresses will be ineligible for Product purchases and deliveries, including APO/FPO/DPO and freight forwarders. You will be required to provide your name and address, phone number, email address, payment details and other required information. You are required to be the holder of a valid credit card or have a valid PayPal account. You must be at least 18 years of age to purchase Product from the Online Store. You may, but are not required to, create a personal profile pursuant to which you may bring up your billing and shipping address for future orders from the Online Store. You agree not to provide your personal profile sign-in information and password to any person and not to use our Web Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of our Web Site. You may not misrepresent your identity as a user. When placing your order please ensure that the Products you purchase are compatible for the intended use. Please use the information provided in the Online Store as reference when checking compatibility, however, we make no representation or warranty as to the appropriateness or compatibility of any Product with any particular use. While Delspring takes great care to ensure its advertising is accurate, errors or inaccuracies may occur. Delspring reserves the right to correct errors or inaccuracies and change or update information on the Online Store at any time without notice, including in respect of prices, product descriptions, promotions and availability of items. To the extent permitted by applicable law, Delspring also reserves the right to cancel or reject orders based on incorrect pricing or availability information.
By clicking on the icon confirming your purchase at the end of the check out process, you agree to pay Delspring (“PlusHeat Corporation”) the amount shown, subject to adjustment as described herein (the “Purchase Price”). The Product Purchase Price is quoted in US dollars plus shipping and handling fees and an estimate of all applicable taxes. The Purchase Price plus shipping and handling and applicable taxes will be charged in US dollars to your selected credit card or PayPal by us in one or more charges as each Product is shipped. In the event that a Product is listed at an incorrect price due to an error in pricing, Delspring has the right, in our sole discretion, to reject or cancel any orders placed for that Product.
Acceptance, Rejection or Cancellation of Orders
You agree that your submission of an order on the Online Store is an offer to buy the Products listed in your order under these Terms and Conditions of Sale. All orders must be accepted by Delspring. We may choose not to accept any orders including those that Delspring suspects are not placed in good faith or contravene applicable law. Once your order is received and we accept your order, we will send you an order confirmation via email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between you and us will not take place unless and until you have received an order confirmation email from us. We reserve the right, in our sole discretion, to cancel any order prior to shipping and whether before or after acceptance of your order. Upon such a cancellation we will send a cancellation notice to the email provided by you. If cancelled, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order. Upon shipping of the Product, you will be charged the amount set out in your order confirmation email. We will not ship the Product to you until your card issuer has authorized the use of your card for payment of the ordered Products. As your order confirmation email is your proof of purchase, you should save and print that document for your potential future use. We retain full legal title to Products until we have received all amounts due on the ordered Products. If we are unable to deliver the Product ordered after our delivery service has notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us. If the items remain undelivered and are returned to us undelivered, you agree that we shall assume that you have exercised your right to cancel the contract and, upon our receiving the returned Product we will refund you less the handling and shipping fee and reasonable additional costs incurred by Delspring (“PlusHeat”).
We will accept the return of unwashed, unworn, or defective merchandise with original tags and including all accessories, user manuals and any free gifts that came in the same package purchased from the Web Site provided that you follow our return instructions. Using the original receipt you may return Product(s) for a full refund, in the original form of payment, within 30 days of the date your order was shipped. Any shipping fees on the original order are final and will not be refunded. Please review our practices set out in our Return and Exchange Policy.
Delspring products are made with the highest quality materials and craftsmanship, to protect you in some of the most extreme weather conditions, and we stand behind each one. Every Delspring product purchased from an Authorized Retailer is fully warranted against defects in materials and workmanship for one year – which mean if a product fails due to a manufacturing defect, we will repair the product free of charge, or replace it at our discretion. If the exact style is not available for replacement, a product of equal value and similar style will be provided. Please review our practices set out in our Warranty.