General Terms and Conditions

1. General Information

(a) This agreement governs your use of DASH’s site and service, including all orders made or processed for products or services in connection with the site and service, and the user Forums which DASH makes available. You and DASH Inc., a Delaware corporation providing custom, on-demand merchandise printing, sales, and other related services (“DASH”), are the parties to this agreement. If you choose to use other features of the site and service, like opening a shop to sell custom, print-on-demand products, other terms may apply in addition to these. No exceptions to these terms are effective unless DASH has agreed to them in writing.

(b) DASH may change these terms from time to time. If DASH makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use DASH’s site and service. If you disagree with any amendments, you must stop using DASH’s site and service.

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2. Use of the Site and Service Generally

(a) DASH owns all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. DASH grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to DASH’s terms, rules, and guidelines found on its site, and DASH may revoke this license and limit your access to the site and service according to Section 15 (Termination of Access).

(b) You may not interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;

use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;

impersonate another person or entity;

use any meta tags, search terms, keywords, or similar tags that contain DASH’s name or trademarks;

3. Shops

(a) By placing an order using DASH’s site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with DASH only (no contract exists between the customer and any applicable shop owner). DASH sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when DASH confirms that production has completed in a second e-mail. DASH cannot guarantee the continued availability of any products or designs found on its site.

(b) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. DASH cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.

(c) DASH reserves the right to reject orders for any reason or no reason. If DASH rejects an order, it will notify the customer.

(d) DASH’s performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and DASH cannot replace the order in a reasonable amount of time, DASH will notify the customer immediately.

(e) If there is a product defect or if you are dissatisfied with your order for any reason, ‘DASH’s return policy will apply, which DASH may change at any time in its sole discretion.

5. Delivery & Shipment

(a) DASH warrants that it will ship orders within three weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 2-4 days, but in certain circumstances shipment and delivery can take up to three weeks. Customers and DASH may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).

(b) DASH will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Shipping costs are displayed at checkout.

6. Prices

(a) All prices found on DASH’s site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.

(b) For customers ordering from outside the United States, all product prices are net of local taxes and fees unless otherwise indicated. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, and if these are not already collected at checkout, then the customer has the sole responsibility to pay these taxes and fees.

(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.

7. Payment

(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. DASH reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for DASH to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of DASH’s own, the customer agrees that DASH may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.

(c) DASH may sub-contract third parties to process payment.

(d) If the customer fails to pay, DASH may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.

8. Title to Products

Until DASH receives full payment for an order and the order is shipped, title to the goods remains with DASH. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

9. Disclaimers

(a) DASH provides the site and service on an “as is” and “as available” basis. DASH does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. DASH hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.

(b) You agree that DASH has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. DASH does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.

(c) Due to normal changes in our industry and in our technical production processes, DASH may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.

(d) DASH may use subcontractors or third parties to provide certain elements of its site and service. You agree that DASH will not be liable to you in any way for your use of these services.

10. Limitation of Liability

(a) You use DASH’s site and service at your own risk. DASH provides its site and service without any express or implied warranties (See Section 9(a) (Disclaimers) above). DASH is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against DASH or any related third parties. If you are a California resident, you waive California Civil Code §1542, which says in full: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

(b) DASH is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and DASH, even if advised of the possibility of such damages. DASH’s aggregate liability arising out of or in connection with the site and service or any agreement between you and DASH may not exceed the lesser $100 or the amount of cash actually exchanged between you and DASH within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, DASH’s liability will be limited to the fullest extent permitted by applicable law.