In these terms and conditions “we”, “our” and “us” mean Daehsan Canada Incorporated (DCI), also referred to as DXN Canada the “Company” and “You” means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
2.1 To place an order you must be 18 years of age or over and be accessible by cellular telephone. 2.2 You may place an Order by (a) Filling in the Order Form on the DXN Canada ecommerce Web Site. You are responsible for correctly entering all requested information. If incorrect information is entered, it may result in you receiving and being liable to pay for unwanted Products. (b) When you place your Order, we will issue you with a Purchase Order Number. Please note that such a Purchase Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order. (c) By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. (d) If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by email provided you have indicated an email address on your Order Form. The Order Confirmation will be effective (subject to clause 2.6) on sending. If we cannot accept your Order we will attempt to contact you by email or telephone. 2.3 While we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example: (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the DXN Canada ecommerce Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products and incur the bank services charge as needed. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered. 2.4 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1 The price for the Products will be the price indicated on your Purchase Order. Total Price is inclusive of the applicable tax. 4.2 Delivery costs, where applicable, are payable by you as indicated on your Purchase Order.
5.1 You may pay for your Products by the methods of payment as displayed on the payment section of the DXN Canada ecommerce Web Site. 5.2 You must pay in the Canadian Dollars as indicated on your Purchase Order. 5.3 If you are paying by credit card, you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Purchase Order. We will not commence supply the Products to you nor perform the Services until your credit card issuer has authorized the use of your card for payment of the Products ordered. If we do not receive such authorization we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
6.1 Products paid for by methods of payment as displayed on the payment section of the DXN Canada ecommerce Web Site will be delivered in Canada only. All items paid for by 3 pm EST Monday through Friday will be shipped same day. Item should arrive 2-5 business days after shipping. DXN Canada reserves the right to choose the courier services used. Each item shipped will have a shipping confirmation number. You will be responsible for making arrangement for accepting the products upon delivery. 6.2 We will use our reasonable endeavors to deliver your Products within 5 working days of the date of issue of your Order Confirmation. Estimated Product delivery times which are given at the time of placing an Order are estimates only and do not equate to delivery times. Delivery of the Services will take place after the delivery of the remaining Products in accordance with the specifications and procedures applying to those Services. Delivery times for Services will need to be agreed directly between you and DXN Canada and/or any service provider engaged by DXN Canada. Once a delivery time for Services has been agreed then you must adhere to this. If you miss the appointment or you do not have the necessary infrastructure despite acknowledging having this at the time the appointment was agreed, then there will be no further obligation on us to provide the Services purchased by you. 6.3 Title to and risk of loss or damage to the Products will pass to you upon dispatch of the Products.
DXN Canada will refund any dissatisfied product purchase on hundred percent for a period of thirty days from the date of purchase. Payment will be made upon DXN Canada’s receipt of the returned product and it is deemed to be in resalable condition. After the expiration of the 30 day period or if the product is not in resalable condition, DXN Canada will issue no refund or exchange. DXN will replace at no cost, items that may have been damaged during shipping or are otherwise defective in nature. Notice of damaged shipments must be given to DXN Canada within seven (7) days of receipt of shipment to qualify for replacement. In the event that the damage is not immediately evident and is discovered at a subsequent date after the seven-day period, notice must be given to DXN Canada, and any replacement will be subject to DXN Canada’s discretionary review.
8.1 The extent of our liabilities are as follows:- 8.1.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and guarantee services) and performance of the Services; 8.1.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and 8.1.3 Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular, DXN will not be responsible for ensuring that the Products are suitable for your purposes. 8.2 We will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. 8.3 Our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
Daehsan Canada Inc. 3950 Malden Road Windsor, Ontario N9C 2G4 Windsor Tel: (519) 967-1522 Toll Free:1-888-307-0280 (Canada Only) Fax: (519) 967-1974 Email: email@example.com
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Canada where Canadian law and Singapore court’s jurisdiction will apply.
14.1 Our failure to enforce any term of the Contract shall not constitute a waiver of any term. Such failure shall in no way affect our rights to enforce such term. 14.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
In these terms and conditions: “DXN Canada ecommerce Web Site” means our built to order web site for customers, the web address of which is www.dxncanada.ca “Contract” means these terms and conditions together with your Order Confirmation; “Consumer” means a customer who purchases Products otherwise than in the course of a business; “Purchase Order” means the Purchase Order issued by us to you for the price of the Products; “Order” means an order placed by you in accordance with these terms and conditions; “Order Confirmation” means the order confirmation issued by us to you indicating acceptance of your Order; “Order Form” means the electronic order form on the DXN Canada ecommerce Web Site; “Product” means any product listed on the DXN Canada ecommerce Web Site which we agree to supply to you on these terms and conditions and may include Services; “Services” means any chargeable or other services (excluding guarantee and telephone support services) listed on the DXN Canada ecommerce Web Site which we agree to supply to you on these terms and conditions; “Purchase Order Number” means the order number issued by us to you; “Working Day” means any day other than a Sunday or a public holiday in Canada.