Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://www.darman.com website (the "Service") operated by Darman Distributors Inc ("us", "we", or "our").
TERMS & CONDITIONS
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
PURCHASES
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
RETURNS
Your satisfaction is very important to us. We offer a 30 day return policy. If you are not satisfied with your product, we will gladly take it back. Special orders and drop shipments are not returnable. Shipping charges will apply coming and going for all returns due to all orders, not relating to merchandise defects or incorrect items being shipped. Products must be in original packaging and in resaleable condition. Please contact us via email or phone prior to returning any items to receive a RMA number. Items received back without proper RMA numbers are not eligible for credit.
SHIPPING
Published prices do not include shipping charges. Shipping charges are prepaid and added to the invoice. Any estimated freight charges shown on the website or Order Confirmation e-mail are subject to change based on actual costs. Shipping estimates are meant to represent the cost of normal ground service within the 48 contiguous states for orders meeting UPS or USPS weight and dimension standards. Products considered hazardous can only be delivered to a valid address in Miami-Dade county, Florida. Products in need of special handling require additional shipping charges, and those charges are the responsibility of the customer. Miami-Dade County is exempt from shipping charges for pre-tax orders totaling $ 149 or more.
Orders (within the 48 contiguous states) are usually shipped within 2 business days, via UPS Ground or USPS. If you place your order after 1 p.m. EST, it might not be processed until the following business day. Payment must have cleared before order can be shipped. If your order requires expedite shipping methods such as Next Day, 2nd Day Air or Overnight for example your payment must clear before 1 PM EST. For expedite orders if the entire order cannot be fulfilled a refund will be issued and a notification will be sent as soon as it is possible so you can make other arrangements.
FREE SHIPPING ON ELIGIBLE ITEMS
To qualify for free standard shipping, your order must total $149 or more on items marked as "Free Shipping Eligible Item" before any taxes or fees. Items not marked as "Free Shipping Eligible Item" will be charged shipping. Free shipping applies only to locations in the contiguous (48) United States. Orders shipped through the Army Post Office (APO) or Fleet Post Office (FPO), to international addresses or to locations in Alaska, Hawaii, Puerto Rico, Guam, US Virgin Islands, American Samoa, Palau and US protectorates are not eligible for free shipping.
ACCOUNTS
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
TERMINATION
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
CONTENT ACCURACY
We do our very best to ensure that all of the data, content and information listed on our site is accurate. Darman Distributors Inc. is not responsible for errors in product data/specifications and packaging information. Furthermore Darman Distributors Inc. is not responsible for typographical errors. We reserve the right to change or update any data, information, content, etc. without prior notice.
PRICING ERRORS
Darman Distributors, Inc. cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Darman Distributors, Inc Site. Darman Distributors, Inc reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Darman Distributors, Inc.. Darman Distributors, Inc. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Darman Distributors Inc and their employees, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless Darman Distributors Inc and their employees, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Darman Distributors Inc. do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.