Terms and Conditions
April 25, 2022 2022-12-30 16:15Terms and Conditions
Dragon Martial Arts strives to give you an easy-to-use site that provides accurate content, product information, policies, pricing, and visual displays. Policies, pricing, and item availability are subject to change without notice and we reserve the right to limit quantities. Prices displayed on our site are subject to final approval at the time of order fulfillment. Images are shown for representational purposes only. In the event we are unable to provide an actual image of a product, Dragon Martial Arts reserves the right to substitute a similar image for the one described in the product information. While Dragon Martial Arts tries in good faith to make sure the information in our online catalog is accurate, we are not responsible for typographical errors or technical inaccuracies. This disclaimer in no way affects the terms of any manufacturer’s warranty. Wholesale only. All First-time customers are subject to a 250.00 minimum purchase. All subsequent orders must meet D.M.A’s $150.00 minimum order requirement. A valid Tax I.D. is required to keep your account in good standing. It is the customer’s responsibility to provide accurate and up-to-date business and shipping information. D.M.A. can not be held responsible for shipping charges that result due to incorrect shipping address information provided by the customer.
The user expressly agrees that the use of the Dragon Martial Arts website is at the User’s sole risk. Neither Dragon Martial Arts, nor its affiliates, nor any of their officers, directors, employees agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that the Dragon Martial Arts website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Dragon Martial Arts web site, or as to the accuracy, reliability or currency of any information content, service or merchandise provided through the Dragon Martial Arts web site. THIS SITE IS PROVIDED BY DRAGON MARTIAL ARTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. Dragon Martial Arts MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS, TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Dragon Martial Arts DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Dragon Martial Arts WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Dragon Martial Arts NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Dragon Martial Arts or any other party involved in creating, producing, or distributing the Dragon Martial Arts website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Dragon Martial Arts web site, including but not limited to reliance by a User on any information obtained from the Dragon Martial Arts web site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Dragon Martial Arts web site’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Dragon Martial Arts website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
The user acknowledges that the Dragon Martial Arts website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Dragon Martial Arts website owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for the User’s personal use and that the User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), the User may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, the use of any software Content shall be governed by the software license agreement accompanying such software.
Product images used in the online catalog may not always represent the exact product selected. Shoppers should not make purchases based upon image displays alone.
The user agrees to use the Dragon Martial Arts website only for lawful purposes.
USAGE BY PERSONS UNDER 18
Dragon Martial Arts cannot prohibit minors from visiting this site. Dragon Martial Arts must rely on parents, guardians, and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
The Dragon Martial Arts website requires that certain purchases be made by individuals 18 years of age or older. EACH TIME YOU PURCHASE A PRODUCT AT THE Dragon Martial Arts WEB SITE THAT CAN ONLY BE PURCHASED BY INDIVIDUALS 18 YEARS OLD OR OLDER, YOU ARE REPRESENTING TO Dragon Martial Arts THAT YOU ARE 18 YEARS OF AGE OR OLDER.
APPLICABLE LAW
This site is created and controlled by Dragon Martial Arts in the state of Texas. As such, the laws of the state of Texas will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. Dragon Martial Arts reserves the right to make changes to its site and these disclaimers, terms, and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the state of Texas and of the United States of America located in the state of Texas for any litigation arising out of or relating to the use of or purchase made through the Dragon Martial Arts web site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of the venue of any such litigation in the Texas courts and agrees not to plead or claim in any Texas court that such litigation brought therein has been brought in an inconvenient forum.
SEVERABILITY The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represent the entire understanding between you and the Dragon Martial Arts website regarding your relationship with the Dragon Martial Arts website and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Dragon Martial Arts website. The aforementioned Terms of Use are subject to change.EXPORT of body armor or related accessories are strictly regulated by the US Department of State in accordance with the guidelines of the International Traffic in Arms Regulations (ITAR) and/or Export Administration Regulations (EAR).Items listed on our website fall under the jurisdiction of the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), and are subject to the export control laws of the US Government. Export or re-transfer of those items by any means to any foreign end-user or for any other end-use, whether in the US or abroad without the written approval of the US Department of Commerce or Department of State is prohibited. The sale, transfer, transportation, or shipment outside of the US of any product prohibited or restricted for export without complying with US export control laws and regulations, including proper export licensing, documentation, or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. DMA Inc. will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products.
SHIPPING Shipping prices are set by the courier and determined by the weight and size of the package. Please note, that some of our merchandise is oversized and requires oversized packaging, please consider this when evaluating your freight charges. D.M.A. Inc charges a $3.00 handling fee on every order. Orders are usually shipped within 24 hours from the date that the order is placed. A fifteen percent restocking fee will be applied to all shipments that are refused by the recipient. The customer will also be held liable and billed for any freight charges incurred due to return, or refused shipments. Always verify the ship to address when placing your order. We no longer offer a drop-shipping service. However, if the order meets our $150.00 minimum order qualification we will gladly ship the items anywhere that you specify within the United States and its territories as long as local laws allow.
BACK-ORDERS Unfortunately, market volatility and the occasional product discontinuation by our suppliers can cause supply chain issues that make it impossible for us to guarantee product availability. Some of the items that we sell also have unpredictable lead times and end up taking much longer to restock than we anticipate therefore, we can not automatically fulfill back ordered items. Out-of-stock items will simply be marked as back-ordered on the final invoice and no charges for those items will be assessed. We do not automatically ship items that have been marked “back-ordered” on your final invoice. If there is a particular out-of-stock item that you are interested in, please contact your sales rep to discuss a possible pre-order to be fulfilled upon the item’s arrival.
DAMAGED PACKAGES We do our best to make sure your package arrives in excellent condition. Unfortunately, sometimes merchandise arrives damaged. We cannot be held responsible for losses or damage sustained during transit. All shipments will be insured for the value of the contents inside the box. Damage claims must be made within 72 hours after receiving your order. In the event that you need to make a claim, you must contact our customer service department at 1(800) 337- 2466, we will then begin the claims process for you. Our couriers require that the originating shipper files all claims. Damage claims usually take between 5 and 7 business days to process. Approved claims will be issued to you in the form of a credit on your account. No credit will be issued until the courier has approved the claim.
NON-DAMAGED RETURNS Contact one of our customer service representatives for a returned merchandise authorization number (RMA). You may then return any unused item within 7 days of delivery for a full refund of the purchased price. Non-damaged returns received more that 7 days from the original delivery date are subject to a 15% restocking fee. We regret that shipping costs are non-refundable unless the item was shipped to you by our mistake. Returned merchandise must be sent to us prepaid; we cannot accept freight collect shipments. Please note, that all returned merchandise must be saleable in the original carton with all the packing materials included. You will need to enclose your invoice number and a copy of the RMA number for all returns. Returns that arrive without an RMA number will be refused and returned at the cost of the sender. All refunds & exchanges are subject to the approval of our quality control division. For your protection, please use United Parcel Service or insured parcel post when returning merchandise. We do not accept returns on spray weapons or electronic products unless they have factory defects. There is no warranty on the crossbows. Please send your insured prepaid package to: DMA, Inc. 3015 E. Randol Mill Rd Arlington, TX 76011.
LIABILITY WAIVER