Conditions of Use
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, that together with our privacy policy, shipping and returns policy and copyright notice, govern Dometek’s relationship with you in relation to this website.
The terms “Dometek”, “Dometek Shop” or “us” or “we” refers to the owner's of the website; Dometek Inc. and Dometek Europe s.r.o. The term “you” refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Unless otherwise stated, all items for sale on this website are previously used parts.
Copyright © 2013 Dometek
You acknowledge and agree that our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "intellectual property") is and shall remain our sole property, and that nothing in this agreement shall confer in you any right of ownership or license rights in our intellectual property. In addition, you shall not now or in the future contest the validity of Dometek's intellectual property.
This website, including without limitation all text, graphics, logos, buttons, icons and images are the property of Dometek or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content of the site is the exclusive property of Dometek and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication or display of the content of this website is strictly prohibited, other than in accordance with the copyright notice, which forms part of these terms and conditions.
The software application “OpenCart”, is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for OpenCart remains the intellectual rights of www.opencart.com.
E-mail Communication
When you visit the Dometek Shop or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links to Third-Party Content & Services
This website may also include links to other websites and content of third-parties. These links are provided for your convenience to provide further information. We do not monitor nor have any control over any third-party content or third-party web sites. We do not endorse any third-party content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and undertake no responsibility to update or review any third-party content. When leaving the Dometek Shop you should be aware that Dometek's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data gathering practices, of that site. You use these links and third-party content contained therein at your own risk.
Your Account
To create an account, you must be 18 years old or older.You may only use the services if you can legally enter into and form binding contracts. If you do not qualify, please do not use or try to use this service. We will not accept any request from you to buy goods before you have registered with us. To register, you must provide your real name, address, phone number, and email address. Registration data is kept private in accordance with the terms of this agreement and Dometek's Privacy Policy.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Dometek Shop and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Product Descriptions
Dometek and its associates attempt to be as accurate as possible. However, Dometek does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Dometek Shop itself is not as described, your sole remedy is to return it before use. All products offered for sale on this website are previously used parts, unless otherwise stated in the product description.
Modifications
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Dometek reserves the right at any time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that Dometek shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Applicable Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Massachusetts, U.S.A, without regard to its provisions governing conflicts of law. Except for allegations that you have infringed or have threatened to infringe our intellectual property rights, you and we agree that any dispute or controversy between us, or arising under or concerning performance or breach of this Agreement, shall be settled by one arbitrator in binding arbitration, to be held in Massachusetts, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. In the event we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Massachusetts, U.S.A.
This Agreement (and all documents incorporated by reference) constitutes the entire Agreement between the parties pertaining to the subject matter hereof and supersedes all prior Agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Dometek, which we can refuse. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement.
Disclaimer
Except for the express warranties stated in this agreement, Dometek provides this site and service on an "as is" and "as available" basis without any warranties of any kind. Dometek makes no warranty with respect to the goods or the manufacturer of the goods, or with respect to the services Dometek performs, and expressly disclaims all such warranties, either express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement or fitness for a particular purpose.
Dometek expressly disclaims any responsibility for any consequential, incidental, and exemplary damages (including without limitation direct, indirect and special damages) that may result from the manufacture, sale, distribution or use of goods or items.
You may be able to access other internet sites not created by Dometek or its affiliates through links on this website. The reliability, availability, legality, performance and other aspects of resources on internet sites not created by Dometek or its affiliates is beyond Dometek's control, and Dometek makes no representations or warranties with respect to such sites.
Dometek also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video or audio from the site.
Dometek reserves the right at any time to modify or discontinue, temporarily or permanently, the website or any part of the website with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the website or any services under this agreement.
You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Dometek expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (b) Dometek makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. (c) Any material downloaded or otherwise obtained through the use of this service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from Dometek or through or from the service shall create any warranty not expressly stated in the terms of use.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.