Terms of Sale
Date of Last Revision: October 2022
REQUESTS FOR IDENTIFICATION
AT ANY POINT, WE MAY ASK FOR A FORM OF IDENTIFICATION.
THE PURPOSE OF SAID REQUEST IS AS AN EXTRA LAYER OF SECURITY IN REGARDS TO CHARGEBACKS. PREFERABLY, A FORM OF IDENTIFICATION WITH YOUR FIRST NAME, LAST NAME, AND ADDRESS...FOR EXAMPLE, A DRIVER'S LICENSE.
IDENTIFICATION INFORMATION CAN BE SENT VIA EMAIL OR CHAT.
YOUR INFORMATION IS SECURE, AND WE DO NOT USE YOUR INFORMATION FOR ANYTHING OTHER THAN VERIFICATION PURPOSES.
TERMS OF SALE
THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES OF D2RGEAR PRODUCTS, FROM D2RGEAR STORES (DEFINED BELOW) IN THE UNITED STATES. IF YOU ARE PURCHASING D2RGEAR PRODUCTS OUTSIDE THE UNITED STATES, YOUR PURCHASES ARE GOVERNED BY DIFFERENT TERMS. PLEASE REVIEW THE TERMS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE OR OTHERWISE PURCHASING FROM THE D2RGEAR STORE (AS DEFINED BELOW).
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO D2RGEAR STORES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; BY SHOPPING IN ANY D2RGEAR STORE OR PURCHASING ANY D2RGEAR PRODUCT FROM D2RGEAR IN THE UNITED STATES, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST (A) DISCONTINUE USING OR SHOPPING IN OUR DIGITAL STORES AND DISCONTINUE VISITING OR SHOPPING IN OUR RETAIL STORES, (B) NOT MAKE A PURCHASE AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW.
You are SUBJECT to these TERMS AND MAY PURCHASE D2RGEAR PRODUCTS if you are of legal age in your jurisdiction or if you have consent from your parent or guardian.
NO PURCHASE FOR RESALE
D2RGEAR Stores, including any consumer rights or policies offered in D2RGEAR Stores, are intended solely for the benefit of end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of a product by someone who intends to resell the product to others (consumers, businesses or any third party). If D2RGEAR determines that a purchase or order is intended for resale, D2RGEAR reserves the right, in its sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any D2RGEAR policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to any D2RGEAR Store, and/or suspend or close any account.
HOW TO PURCHASE– DIGITAL STORES
To complete your purchase at a Digital Store, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups in order to be able to use all the functionalities of a Digital Store, which includes designing customized items, adding items to your shopping bag and submitting your order.
When you submit an order, we will send an email acknowledging receipt of your order (“Order Confirmation”). Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product.
OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER
Sale of products and fulfillment of all orders at a D2RGEAR Store is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:
- an Event Outside Our Control (as defined below);
- the product you seek to purchase is not available or in stock;
- your address, billing information or form of payment is incorrect or cannot be verified;
- your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
- there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
- your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
- your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
- your account and/or purchase history shows an excessively high volume of returns;
- there is evidence that you are not eligible to make purchases; or
- in the event of misspelling, pricing or other errors or mistakes at the D2RGEAR Store(s) where you wish to order or purchase.
D2RGEAR will determine whether any of the above events have occurred in its sole discretion.
TITLE TRANSFER & RISK OF LOSS
With the exception of products purchased or picked up at D2RGEAR Stores, title and risk of loss for products purchased from D2RGEAR pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online and picked up at D2RGEAR Retail Stores or directly purchased at D2RGEAR Retail stores will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.
INDEMNIFICATION AND RELEASE
To the fullest extent permissible by applicable law, you agree to indemnify, defend, and hold harmless D2RGEAR Retail Services Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “D2RGEAR Parties'') from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating to your conduct in connection with any D2RGEAR Store or with other D2RGEAR Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the D2RGEAR Parties from any and all claims or causes of action you may have for damages arising from or relating to your conduct in connection with any D2RGEAR Store or with other D2RGEAR Store users or consumers, or any violation of these Terms of Sale, any law or the rights of any third party.
LIMITATION OF LIABILITY
These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, ACCESS OR USE OF D2RGEAR STORES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO D2RGEAR FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE D2RGEAR PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR: ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A D2RGEAR STORE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT A D2RGEAR STORE; OR FOR THE CONDUCT OF D2RGEAR STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF A D2RGEAR STORE, EVEN IF D2RGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO D2RGEAR STORES. YOUR ONLY REMEDY AGAINST D2RGEAR IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO THE D2RGEAR STORES OR ANY CONTENT IS TO STOP USING OR ACCESSING D2RGEAR STORES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT D2RGEAR’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
DISCLAIMER OF WARRANTY
D2RGEAR PROVIDES ACCESS TO D2RGEAR STORES “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) D2RGEAR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. D2RGEAR FURTHER DISCLAIMS ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) D2RGEAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT D2RGEAR STORES IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY D2RGEAR AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.
CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS
- You agree that these Terms and any dispute between you and D2RGEAR shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
- Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to D2RGEAR Stores (including but not limited to the purchase of D2RGEAR products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon, USA.
- You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon, USA.
- All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
- D2RGEAR may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- D2RGEAR’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or D2RGEAR’s rights. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
- If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
We accept several payment methods at check out at D2RGEAR Stores. You can find the list of acceptable payment methods at Digital Stores at the Payment Options pages of our Digital Stores. Please do not try to pay using any payment method not posted at the D2RGEAR Stores. If you do, we will not be liable for any loss of the payment or any other damages that may result from this action.
With the exception of built-to-order products (e.g. pre-order products and customized products) (“D2RGEAR By You”), if you pay by credit or debit card, we will pre-authorize and hold the amount due when you place an order. Once your order ships, we will deduct the pre-authorized amount from your account.
PRICES AND CURRENCY
The product prices displayed on products, packaging, signage, or otherwise posted within the D2RGEAR Store do not include sales tax. Shipping rates are applied per order.
Prices are quoted and exclusively payable in US dollars.
The prices of the products will be as displayed in the D2RGEAR Store. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
YOUR TOTAL PRICE
The total price specified in the final check out screen on our Digital Stores includes estimated tax and shipping costs (if applicable). This price, updated to include actual tax, will be recorded in the Order Confirmation for Digital Store orders, which we recommend you print or download for future reference. For Retail Store purchases, actual tax and shipping costs (if applicable) will appear on your printed receipt, which we recommend you save for future reference. If you pay by credit or debit card, the total amount for your entire purchase will be reflected on your statement in your local currency.
If your local currency is not in US dollars, your bank or credit card issuer will apply the exchange rate and any fees according to terms and regulations applicable to you and the bank/issuer of your credit or debit card. The exchange rate and any fees applied by the bank/issuer are beyond our control.
SHIPPING & DELIVERY – DIGITAL STORES
DELIVERY – WHERE AND WHEN
We do not ship on certain public holidays. Please refer to Get Help pages posted on our Digital Stores for dates and the available delivery times and methods. We can only fulfill an order to a valid delivery address which is a home or office address in the United States or its territories.
We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order. If we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address you provided at the time your order was placed. You will not be charged for any additional delivery costs.
D2RGEAR members and Non-members get free standard shipping (and discounted expedited shipping) on all orders.
Refunds will be issued to the original form of payment. This applies to all D2RGEAR Store returns. For information on how to complete a return and for refund timelines, visit the Returns section on the Get Help pages posted on our Digital Stores.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.