Purchase of Products and Services

• Subject to paragraph 2 hereof, the Company will not begin production of an order until it receives from the Customer full payment of the cost of the order and the signature of the Customer on the order quotation.
• Payment for products or services of the Company shall be provided by the Customer by way of Visa, Mastercard, American Express, electronic funds transfer, cheque, bank draft and wire transfer only.
• In the event that product installation comprises the order, the Company will not begin production of the order until it receives from the Customer a non-refundable deposit in an amount equivalent to fifty (50.00%) percent of the total cost of the order and the signature of the Customer on the order quotation. The balance of the total cost of the order shall be due and payable upon installation of the order.
• Orders for products will typically be processed and dispatched within five (5) business days of receipt of payment in full for the said order; however, processing times may vary based on availability, product volume, and other material factors. The Company will endeavour to deliver the order to the Customer on or before the anticipated completion date, if any, set out in the quotation for the said order; however, if the Company is delayed in delivering the order or in doing anything the Company is required to do pursuant to the order confirmation, and the delay is caused by any condition or cause beyond the reasonable control of the Company including, without limitation, acts or omissions by third parties not related to the Company, strike, labour dispute, climatic condition, act of God, inability to obtain labour or materials, laws, ordinances, rules, regulations, or orders of governmental authorities, enemy or hostile action, civil commotion, fire, or other casualty, the time for completing delivery of an order or for the Company doing anything the Company is required to do pursuant to the order confirmation may be extended by the Company by a time equivalent to the period of such delay. For the purposes of these terms and conditions, “business days” shall include weekdays but shall exclude Saturdays, Sundays, and all statutory holidays.
• No additional products or services shall be provided by the Company to the Customer or any changes made under an order unless agreed to in writing by the Company. The additional cost, if any, of any such change or additional work shall also be agreed to in writing by the parties hereto. The Customer covenants and agrees to pay and assume responsibility for the payment of the cost of the order and any additional products or services. Costs for products and/or services set out in an order quotation or confirmation are based on a complete order at the time of placement and may be subject to change from time to time at the discretion of the Company without notice to the Customer.
• All orders shall be packed using the Company’s standard packing methods and shipped by the Company through the carrier of its choice. Orders shall be shipped by the Company “free on board destination” such that the Customer shall assume risk of the order upon delivery subject to an order damaged at the time of delivery. In the event of obvious order damage at the time of delivery, the Customer must refuse delivery by the carrier of the said order. Claims for lost or damaged products or delays in transit must be made by the Customer to the Company, and the Company will manage all claims against the carrier for said lost or damaged products or delays in transit. All claims for damage must be reported by the Customer to the Company within twenty-four (24) hours of receipt by the Customer of the order; and all claims for lost or delayed orders must be reported by the Customer to the Company within seven (7) days of the estimated date of delivery of said order. The sole remedy of the Customer for non-delivery of an order shall be either (a) delivery of conforming products, or (b) an adjustment of the invoice for the relevant order.
• The Company shall ship each order to the delivery address provided by the Customer therefor. The Customer shall bear the responsibility for ensuring that all shipping details are accurate upon submission of an order, and the Company shall bear no responsibility for shipments lost or delayed as a result of a failure by the Customer to provide accurate shipping details.
• All costs for freight, insurance, handling, customs duties, and any related expenses shall be borne by the Customer, unless otherwise expressly agreed by the Customer and the Company in writing.
• For the purposes of these terms and conditions, “Promotion Codes” means a unique identifier provided by the Company to the Customer for specific discounts or promotional purposes. Promotion Codes issued by the Company may be redeemed only according to their specific terms, as stated in marketing materials prepared and circulated by the Company from time to time. Promotion Codes shall: be valid until their designated expiration date, as stated by the Company; shall not be combined with other discounts, offers, credits, or Promotion Codes; apply only to specific products or services, as defined by the Company; not be redeemable for cash or transferred; and may be limited by the Company to certain geographic regions or Customer eligibility, as designated by the Company from time to time. Any improper or fraudulent usage of Promotion Codes may invalidate the use by the Customer of the subject Promotion Code(s) and/or result in the cancellation of the related order, and entitle the Company to pursue claims against the Customer.
• The Company shall retain and own all right, title, and interest in and to all products and services until the cost of the same are paid in full.
• Discontinued, clearance, sale-priced, and custom-manufactured products are non-refundable, and all sales of discontinued, clearance, sale-priced, and custom-manufactured products are final.
• Except as expressly set out in the DreamCast Design and Production Warranty, the Company makes no warranty, express or implied, respecting the products or the services, including installation, contained in an order, including, but not limited to, their merchantability or fitness for a particular purpose, and in no event shall the Company be liable to the Customer for any losses or damages of any kind experienced by the Customer resulting from the provision of the products and/or services of the Company. The Customer hereby acknowledges and agrees that sizing is nominal and shading, variation, texture, porosity, and non-structural striations are inherent in concrete and natural stone and shall not be considered defects.
• The order and any products and/or services supplied in connection with the order shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, and the parties irrevocably attorn to the jurisdiction of the courts of the Province of British Columbia in respect of any dispute relating hereto.
• The Company is a material supplier within the meaning of the Builders Lien Act.
• The Company shall not be bound by any term or condition, oral, written, or otherwise expressed, except as expressly set out herein. and supersedes any prior agreements, negotiations, or discussions, whether oral or written, of the Company and the Customer, and that there are no representations, warranties, conditions, or collateral contracts, expressed or implied, statutory or otherwise, or applicable hereto, made by the Company, its agents or employees, or any other person on behalf of the Company, other than those contained herein and in the order confirmation, including, without limitation, arising out of any sales brochures, models, websites, showroom displays, photographs, illustrations, or renderings, or other marketing materials provided to the Customer or made available for his or her viewing.
• The Customer covenants and agrees to inspect all products prior to installation. The Company will not accept any requests for return or refund following installation of a product, and the Company will not make any allowances for labour costs or other charges incurred in the installation of replacement products. In the event that the Company is willing to accept a return of a product, the Company shall charge the Customer a restocking fee equivalent to no less than twenty-five (25.00%) percent of the cost of the returned product, which restocking fee shall be deducted from the amount refunded by the Company to the Customer. The shipment of products accepted for return by the Company must be prepaid by the Customer, and the returned products must be delivered to the Company in original packing, in saleable condition, and accompanied by original invoice number. More information on the Company’s return policy can be reviewed here.
• These terms and conditions comprise a legally binding agreement between the Company and the Customer; and by using the Website and purchasing products from the Company, the Customer confirms (a) that the Customer is legally capable of entering into a contract, (b) that the Customer is the age of majority in the province, state, or territory in which the Customer resides, and (c) the Customer is purchasing products from the Company for lawful purposes only.
• These terms and conditions apply to all transactions executed directly with the Company and on the Website, including the purchase, delivery, use, and return of all products sold by the Company.
• The Company reserves the right to amend these terms and conditions at any time and from time to time, and any changes hereto will be published on the Website. Continued use of the Website following the publication of amended terms and conditions constitutes acceptance by the Customer of the changes.
• All disputes arising under these terms and conditions shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The parties agree to first attempt to resolve disputes through mediation, with the costs shared equally. If mediation fails, disputes will be adjudicated exclusively by the provincial courts located in British Columbia. For sales outside Canada, international trade laws, treaties, or cross-border regulations may further apply to transactions under these terms and conditions.
• By purchasing products from the Company, the Customer agrees to use them in compliance with all applicable safety regulations, manufacturer instructions, and local laws, including, without limitation, municipal and provincial codes. The Customer is responsible for obtaining all required permits, certifications, and approvals applicable to the location of installation and use of the products purchased from the Company. Improper use, non-compliance with safety standards, or failure to adhere to storage or operational guidelines may result in serious injury, property damage, or other risks. The Company assumes no responsibility or liability for damage or loss arising from the misuse, negligence, or failure by the Customer to comply with applicable laws and regulations.
• All product orders are subject to applicable taxes, which shall be disclosed to the Customer at the time of checkout.
• Product delivery times are estimated and may be subject to delays caused by external factors. The Company shall not be liable for delays in product delivery resulting from external factors.
• All money to be paid or calculated pursuant to an order placed with the Company directly shall be calculated and paid in Canadian currency.
• To the maximum extent permitted by law, the Company is not liable for any indirect, special, or consequential damages, including loss of revenue or profit arising from the use of the products sold by the Company. The Company disclaims all responsibility for injuries or damage caused by improper installation, use, failure to follow safety guidelines, or acts of negligence.

Access and Use of Website

• By using the Website and purchasing products from the Company thereon, the Customer acknowledges having read and understood, and agrees to be bound by, these terms and conditions. If the Customer does not wish to be bound by these terms and conditions, the Customer must discontinue use of the Website immediately and refrain from purchasing products from the Company.
• All money to be paid or calculated pursuant to an order placed on the Canadian subdomain website ca.dreamcastdesign.com shall be calculated and paid in Canadian currency. All money to be paid or calculated pursuant to an order placed on the website www.dreamcastdesign.com shall be calculated and paid in currency of the United States of America.
• Product descriptions, specifications, colours, and images shown on the Website should be regarded as indicative only and may be subject to minor variation.
• Product pricing listed on the Website is subject to change without notice. If a pricing error is discovered, the Company reserves the right, at its sole discretion, to amend, cancel, or correct any product orders subject to pricing error.
• The Customer may not reproduce, distribute, or use any content shown on the Website without the express written consent of the Company.
• To the maximum extent permitted by law, the Company is not liable for any indirect, special, or consequential damages, including loss of revenue or profit arising from the use of the Company’s Website.

CONFIRMATION OF AGREEMENT

By placing an order with the Company, directly or by way of the Website, the Customer certifies the understanding of the Customer of and agreement to these terms and conditions. For any inquiries, complaints, or disputes, the Customer shall the Company directly.