Throughout the following terms and conditions, Dakine Europe, Inc. will be referred to as "Dakine" and the purchaser identified on the face of this document shall be identified as "customer."
These Terms Prevail. These terms and conditions shall prevail in any conflict between them and any terms in a purchase order, confirmation, acknowledgment, or other form or correspondence prepared by customer. No change in the terms of this order, and no additional or different terms, whether or not they materially alter the order, shall be binding upon Dakine unless such changes or additional or different terms are expressly agreed to in writing by Dakine.
Order Acceptance. All solicitations and purchases of Dakine product on www.dakine.com and affiliated sites are undertaken and completed in Hood River, Oregon. The receipt of an order on Dakine’s website, www.dakine.com, will not constitute acceptance of the order until such time as it is formally approved by Dakine at its headquarters. Dakine's prices exclude excise, sales, use, GST or similar taxes, freight and other delivery expenses, insurance charges and duties, all of which shall be borne by customer.
Delivery & Acceptance. Unless otherwise provided by Dakine in writing, all product shipments shall be made Carriage Paid to Destination (CPT-Destination) from Dakine’s facility Europe, at which point the title, risk of loss or damage shall pass to the customer.
Non-Diversion. Customer’s purchase of Dakine product is for personal use and not for resale. Customer agrees not to directly or indirectly advertise or solicit sales or sell Dakine product purchased from Dakine.
Warranty. Every product that Dakine sells is covered by a minimum one-year warranty from the date of purchase. The warranty covers defect of workmanship and materials, but DOES NOT cover damage caused by accident, improper care, negligence, normal wear and tear, or the natural breakdown of colors and materials through time, exposure, or extensive use.
Return Policy & Warranty Returns. See Dakine’s Return and Warranty Policy.
Force Majeure. In the event of a disruption or discontinuance of Dakine's business in whole or in substantial part, either temporarily or permanently, by reason of fire, flood, earthquake, war, governmental restrictions or laws, act of God, embargo labor trouble, or strikes or other cause of like or unlike nature beyond Dakine's control, Dakine shall have the option of canceling delivery of all or any part of the merchandise not yet delivered with no fee or penalty of any kind imposed by customer.
No Implied Warranty. Dakine grants no warranties or conditions, expressed, implied, statutory or otherwise regarding the merchandise, its fitness for any particular purpose, quality or merchantability. Dakine shall not be liable for any special, consequential, punitive, incidental, or indirect damages, lost profits, the cost of procurement of substitute products or other services however caused or any theory of liability arising in any way out of this agreement. customer agrees that Dakine's liability under this agreement regardless of the form of action shall in no event exceed the price paid by customer for the subject merchandise. This limitation shall apply even if Dakine has been advised in advance of the possibility of such damages and not withstanding any failure of essential purposes of any limited remedy provided herein.
Limitation of Liability. IN NO EVENT SHALL DAKINE BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM DELAYS OR SHIPMENT OF PRODUCTS, EVEN IF DAKINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAKINE’S LIABILITY FOR ANY PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO DAKINE FOR SUCH PRODUCT. NOT WITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL DAKINE’S LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CUSTOMER TO DAKINE FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL DAKINE BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY CUSTOMER. IN NO EVENT SHALL DAKINE BE LIABLE FOR DAMAGES ARISING OUT OF ANY LATE DELIVERY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LIMITATION SET FORTH IN THIS SECTION SHALL APPLY WHERE THE DAMAGES ARISE OUT OF OR RELATED TO THIS AGREEMENT.
Indemnification. Customer shall indemnify, defend, and hold Dakine and Dakine’s officers, agents other representatives and licensors harmless from all demands, claims, actions, causes of actions, proceedings, suits, assessments, losses, damages, liabilities, settlements, judgments, fines, penalties, interest, costs and expenses incurred (including fees and disbursements of legal counsel) of every kind (i) based upon personal injury or death or injury to property to the extent any of the foregoing is proximately caused customer’s misuse of the product or by the negligent or willful acts or omissions by the customer, or (ii) based on any breach of this Agreement by customer.
Choice of Law and Venue. Any and all disputes arising under this invoice or a purchase order of vendor shall be subject to the laws of the European Union, and Dakine and purchaser agree that any and all disputes arising hereunder or under any purchase order between the parties shall be subject to the exclusive jurisdiction of the courts of France, and the parties hereby waive their right to have any such claim tried or brought elsewhere. The prevailing party in any action under this agreement shall be entitled to recover reasonable attorney’s fees.
- Severability. If any of the terms and conditions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Dakine, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Dakine products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Dakine for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not access, acquire, copy or monitor any portion of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Dakine server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Dakine, including any Dakine account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Purchases; Other Terms and Conditions
Dakine’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. Dakine may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Dakine makes no commitment to update the materials on the Site with respect to such products and services. Additional terms and conditions, incorporated in the Legal section of the Site, may apply. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an Dakine ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Dakine immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Dakine or any other user of or visitor to the Site due to someone else using your Dakine ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Dakine ID, password or account at any time without the express permission and consent of the holder of that Dakine ID, password or account. Dakine cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to Other Sites and to the Dakine Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Dakine’s control, and Dakine is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
DAKINE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. DAKINE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DAKINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAKINE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY DAKINE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DAKINE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Dakine reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
In the event a Dakine product is listed at an incorrect price due to a typographical error, error in pricing information received from our suppliers, or from a computer hack or other computer glitch, Dakine will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Dakine will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Dakine will issue a credit to your credit card account in the amount of the incorrect price.
Limitation of Liability
Except where prohibited by law, in no event will Dakine be liable to you for any special, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Dakine has been advised of the possibility of such damages.
You agree to indemnify and hold Dakine, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Dakine by any third party due to or arising out of or in connection with your use of the Site.
You agree that Dakine may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Dakine administers and operates the Site from its location in Hood River, Oregon, in the United States of America; other Dakine sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Dakine reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Dakine provides access to Dakine International data and, therefore, may contain references or cross references to Dakine products, programs and services that are not announced in your country. Such reference does not imply that Dakine in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site will be deemed to be non-confidential. Dakine will be free to use such information on an unrestricted basis.