Terms and Conditions

As of March 28, 2018

Welcome to dMart gear which will may be referred to as the "Site" whether you are accessing the Site through a computer, mobile device, or other means. dMart gear or the Company will be referred to as "Us" "We" "Our".


The website www.dmartgear.com is compromised of various web pages operated by dMart gear and it is important that you carefully read these Terms and Conditions. Herein the "Terms". You are agreeing to all Terms by accessing www.dmartgear.com and using the Site and services.

Governing Law, Arbitration, and Class Action Waiver: You agree to provide in writing to dMart gear before initiating an arbitration a "Notice of Dispute". The Notice of Dispute should include a written description of the issue along with any supporting documents. You agree to make very effort to resolve the dispute with Us and agree not to move forward with the arbitration until 30 calendar days have passed from the time you submitted your dispute. If an agreement between dMart gear and you cannot be reached within the 30 calendar days we may move forward with the arbitration. You are in agreement that the dispute shall be resolved by Final and Binding Arbitrations pursuant to the Federal Arbitrations Act. Such dispute will be conducted by a neutral arbitrator under the Commercial Arbitrations Rules of the American Arbitration Associations (AAA) www.adr.org.

Third Party Websites and Links: www.dmartgear.com may contain links to other websites.(Linked Sites). The Linked Sites even if they are affiliated with dMart gear are not under the control of dMart gear nor is dMart gear responsible for the content in any of the Linked Sites. This includes any link contained in a Linked Site. These Linked Sites are only provided as a convenience and you are accessing them at your own risk.

Promotions: dMart gear may offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion. The sweepstakes or promotion may have eligibility requirements, such as age or geographic are restrictions or other restrictions. It is you responsibility to read those rules to determine whether or not you meet the eligibility, and to determine the requirements of you in connection with the applicable sweepstakes or promotion.

Ownership of Site Materials and Property: You agree that the Site and all services provided by Us are the sole property of dMart gear and www.dmartgear.com. This includes but is not limited to; Trademarks, Copyrights, Logos, Digital Videos and Audio, Names, Content, Trade Names, and so forth. You agree not to reproduce, distribute or infringe in anyway without the express written consent of Us. Any material that is transmitted to Us by You is hereby granted to be used by Us if we choose to royalty free and with no exclusions.

Acceptable Use: You agree not to use www.dmartgear.com or our services unlawfully or in anyway that could damage the Site or services provided by Us. You further agree not to. 1. Threaten, harass, abuse others or violate any personas legal rights. 2. violate the property of dMart gear, www.dmartgear.com, its affiliate, third parties, or employees. 3. Commit fraud of any type. 4. Distribute or publish obscene materials or material that includes act of hate, violence, or discrimination. 5. To gain access to information of others. 6. Upload any type of computer virus, or other types of software that can damage the property of others.

Sale of Goods and Services: You will need a valid credit card/debit card to make any purchases from our Site and understand We must collect certain information in order to process your order. This information is as follows but not limited to: Credit Card or card number, expiration date, billing and shipping address, and email address. You give us permission to provide this information to third parties for the purpose performing the transaction initiated by you. We will not be held liable in the event your information is used with or without your permission to make a purchase on the Site for a product or service. Prices: All prices are subject to change without notice. If a product or service is listed incorrectly or with incorrect information due to any type of error We reserve the right to refuse or cancel your order regardless if payment has already been accepted or not. If you have already been charged and We cancel your order We will refund you back in full the payment method that you selected.

Payment and Terms: You agree to pay the price for the product or service at the time you submitted your order, which may or may not include, shipping, handling fees, sales tax, and any surcharges. We only except payments in U.S. currency. 

 

Colors and Images: Every computer monitor is different, colors and images of items may appear differently and may not look exactly the same when you receive your merchandise.

Membership: Membership to dMart gear is free. While you may access certain areas of dmartgear.com without becoming a member of dMart gear, other features such as order tracking and history require you to be a member. The data you submit to dMart gear is subject to our Privacy Policy. If you become a member of dMart gear you agree to provide accurate and complete information including, but not limited to, your legal name, email address, and mailing address. As part of the membership you are required to sign up using an email address and select a password, you will use this each time you login to the membership area. For your protection do not share your user login information. You must notify dMart gear immediately if you learn or suspect that someone has gained access or breached your user credentials.  You are responsible for any loss or damage arising from your failure to protect your login credentials. You are responsible for maintaining and updating your personal information. dMart gear is not liable for any information that is not accurate or maintained by the user. You are responsible for ensuring any device you use to access the membership of dMart gear is properly protect from but not limited to viruses and malware and scanned on a regular basis. You understand you are using the membership service at your own risk and agree we shall not be held labile. Any information that is transmitted to Us is at your own risk and you understand the inherit risk of using the internet and transmitting information.


dMart gear can terminate your membership without cause or reason at anytime.


Subscribe: You can subscribe to dMart gear without a membership. dMart gear is not responsible for any inaccurate information entered into the system. If you are not receiving emails from dMart gear check your spam and allow emails from info@dmartgear.com If at anytime you want to be removed from the subscription listing email info@dmartgear.com, subject: remove from subscription, emails without this subject line may be missed or not acted upon. Please allow 7-14 business days for us to update the system. 

User Interaction and Disputes: We will not be held liable or responsible for any conduct with your interactions with users on the Site, offline or online. We have no obligation to monitor or become involved in an disputes.

Copyright Policy: if you believe your work has been copied in anyway please contact Us.


Disclaimer and Warranties: You agree you are using the Site and any third party or affiliated sites at your own risk and that we cannot guarantee these sites are free from error, viruses, Trojans, or the like which could potentially be transmitted to or through the Site by third parties. We are not responsible for the safe keeping of your device(s) used to access our Site, third party sites or affiliated sites. It is your responsibility to protect these devices with the proper software. You will not hold Us liability for any losses, or damages.

Indemnification: You agree to indemnify, defend and hold us and any of our affiliates, employees, agents or representatives harmless, against any an all legal claims and or demands, damages, losses, and liabilities. This includes reasonable attorney and legal fees or other expenses, which may arise from or relate to your use or misuse of activities of the Site or services provided.

Limited Liability Disclaimer: DMART GEAR, WWW.DMARTGEAR.COM, AND OTHER AFILIATED PARTIES WILL NOT BE HELD LIABLE TO YOU FOR ANY LOSS, OR DAMAGE OF ANY KIND FROM USING ANY SERVICES PROVIDED OR BY USING WWW.DMARTGEAR.COM.

Service Interruptions: From time to time at no fault of dMart gear, www.dmartgear.com may not be accessible. We shall have not liability for any interruption in access to the Site.

Data Loss and Security: You are using the Site at your own risk and agree we shall not be held labile. Any information that is transmitted to Us is at your own risk and you understand the inherit risk of using the internet and transmitting information.

Termination/Access Restriction: We reserve the right to block, terminate access to www.dmartgear.com at any time for any reason.

Changes to Terms: dMart gear reserves the right at its own discretion to change, modify or add to these Terms at anytime without prior notice. The most current Terms will be posted to www.dmartgear.com. The updates Terms will be affective as of the date listed on them and overwrite all previous versions of the Terms. The new Terms will apply to your use of the Site from that point onward.

Spam Policy: You are strictly prohibited from using the Site for illegal spam activity. This includes but is not limited to gathering e-mail addresses and personal information as well as sending out mass e-mails.

Miscellaneous: This Agreement operates to the fullest extent permissible by law. You agree that this Agreement will not by construed against dMart gear and www.dmartgear.com by virtue of having them. We reserve the right to assign any or all of the duties under these Terms at any time without notice to you. If any of the provisions or part of a provision of these Terms is found to be unlawful, or unenforceable, that provisions or part of the provision is deemed severable for these Terms and does not affect the validity and enforceability of any of the remaining provisions.

Contact Us
dMart Gear
341 North Ave
Rockland MA 02370
781-384-0267
info@dmartgear.com