DKOldies Legal Statement Terms and Conditions
Last updated: 05/24/2023
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
These Terms and conditions of sale are the only terms that govern the sale of the Goods sold on DKOldies.com by Seller to the Buyer. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. (b) The accompanying confirmation of the Sales Confirmation and collectively, this Agreement comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms.
The goods will be delivered within a reasonable time after the receipt of Buyer's purchase order. Estimated delivery times on DKOldies.com are estimates only and not guarantees. Seller shall not be liable for any delays, loss, or damage in transit. (b) Unless otherwise agreed in writing by the parties, Seller shall deliver the Goods to the Delivery Point using Seller's standard methods for packaging and shipping such Goods. (c) Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's purchase order.
The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. (b) The Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless Buyer gives written notice to Seller of the non-delivery within 5 days of the date when the Goods would in the ordinary course of events have been received. (c) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
4. Shipping Terms
Seller shall make delivery in accordance with the terms on the face of the Sales Confirmation.
5. Title and Risk of Loss
Title and risk of loss pass to Buyer upon Seller’s tender of the Goods to the carrier.
6. Amendment and Modification
These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
7. Inspection and Rejection of Nonconforming Goods
(a) Buyer shall inspect the Goods upon receipt. Buyer will be deemed to have accepted the Goods unless it notifies Seller promptly in writing of any Nonconforming Goods and furnishes such written evidence or other documentation as required by Seller. "Nonconforming Goods" means only the following: (i) product shipped is different than identified in Buyer's purchase order; or (ii) product's label or packaging incorrectly identifies its contents. (b) If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller's facility located at 2846 W Main St #5A, Morgantown, PA 19543. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer's shipment of Nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Delivery Point. (c) Buyer acknowledges and agrees that the remedies set forth in Section 7(b) are Buyer's exclusive remedies for the delivery of Nonconforming Goods.
8. Pre-Owned Goods
(a) Any Goods identified as Pre-Owned Goods have been previously owned and/or used, may have imperfections, may have been modified by persons other than Seller, and may contain used and/or third-party parts. (b) Prior to sale, Pre-Owned Goods are inspected and/or tested to meet Seller’s quality standards. The inspection and testing process typically includes a full diagnostics test and replacement of faulty parts. (c) Prior to sale, Seller is not obligated to do any repair work or modifications to Pre-Owned Goods but in some instances may refurbish the Pre-Owned Goods, either itself or through a third-party.
(a) Goods that are new and unopened may be returned for a refund of the purchase price, not including shipping, within 90 days of the order date. (b) Pre-Owned Goods or opened new product may be returned for a refund of the purchase price, not including shipping, within 30 days of the order date.
(a) All prices listed on DKOldies.com are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes. (b) Buyer may request a price adjustment within 30 days of the purchase date if Buyer finds a lower price on DKOldies.com for an identical item. The price adjustment will be in the form of store credit.
(a) Seller warrants to Buyer that for a Warranty Period of one year from order date of the Goods, that such Goods will materially conform to Seller's published specifications in effect as of the date of shipment. (b) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 11 SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY WARRANTY OF MERCHANTABILITY; WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WARRANTY OF TITLE; OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. (c) The Seller shall not be liable for a breach of the warranty set forth in Section 11(a) unless:
(i) Buyer gives written notice of the defect, reasonably described, to Seller within 5 days of the time when Buyer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller's place of business at Seller's cost for the examination to take place there; and
(iii) Seller reasonably verifies Buyer's claim that the Goods are defective. (d) The Seller shall not be liable for a breach of the warranty set forth in Section 11(a) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; (iii) Buyer alters or repairs such Goods without the prior written consent of Seller; (iv) the Goods are damaged due to Buyer’s misuse, neglect, or negligence or due to events or circumstances outside the control of DKOldies, such as storms, floods, violence, government actions, electrical variations or outages or other failure of utilities; or (iv) with respect to Pre-Owned Goods, for any cosmetic imperfections such as scratches, dents, marks, or discoloration. (e) Subject to Section 11(c) and Section 11(d) above, with respect to any such Goods during the Warranty Period, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii) issue store credit for the price of such Goods provided that, if Seller so requests, Buyer shall, at Seller's expense, return such Goods to Seller. (f) THE REMEDIES SET FORTH IN SECTION 11(eE) SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(aA). 12. Use of DKOldies.com. (a) Seller may allow Buyer to post reviews and comments ("Content") regarding the Goods on DKOldies.com. By submitting such Content, Buyer agrees and promises such Content is accurate and original and that, without any particular time limit, and without the payment of any fees, Seller and anyone Seller permits may reproduce, display, distribute and create new works of authorship in any media, based on and including the Content. Additionally, Buyer grants Seller the right to use the name Buyer submits in connection with such Content. (b) Buyer is prohibited from posting on DKOldies.comany harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libelous, racially, ethnically, or otherwise objectionable or unlawful material of any kind, or material that infringes or may infringe on the intellectual or other rights of another. Buyer acknowledges that Seller does not endorse or pre-screen Content, but that Seller and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any Content posted on DKOldies. Buyer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content posted by Buyer.
This site and the materials and products on this site are provided with a one year warranty from date of order. Our systems include a holographic sticker for proof of purchase. If the sticker is tampered with, it will not void the warranty. DKOldies does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The DKOldies one year product warranty is the sole warranty provided by DKOldies with respect to the products sold by DKOldies, and DKOldies EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL DKOLDIES BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND DKOLDIES’ LIABILITY WITH RESPECT TO RETURNED, DEFECTIVE OR NONCONFORMING GOODS SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID OR THE REPLACEMENT OF THE GOODS, AS DESCRIBED ABOVE. THE FOREGOING WARRANTIES APPLY TO THE ORIGINAL BUYER ONLY AND SHALL NOT EXTEND TO ANY OTHER PERSON OR ENTITY.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of DKOldies. The collective work includes works that are licensed to DKOldies. Copyright 2009, DKOldies ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with DKOldies or purchasing DKOldies products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with DKOldies or to purchase DKOldies products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by DKOldies. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
13. Limitation of Liability
DKOldies shall not be liable for any special, indirect, incidental, or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if DKOldies has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(a) IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER.
(c) The limitation of liability set forth in Section 13(b) above shall not apply to (i) liability resulting from Seller's gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions.
All trademarks, service marks and trade names of DKOldies used in the site are trademarks or registered trademarks of DKOldies.
15. Typographical Errors
In the event that a DKOldies product is mistakenly listed at an incorrect price, DKOldies reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. DKOldies reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, DKOldies shall issue a credit to your credit card account in the amount of the incorrect price.
16. Terms Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or modified by DKOldies without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
DKOldies may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to DKOldies.
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of DKOldies products) shall be in the state or federal courts located in Lancaster County, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of DKOldies products) must be commenced within one (1) year after the claim or cause of action arises. DKOldies's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
19. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DKOldies or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
20. Participation Disclaimer
DKOldies does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DKOldies) is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. You acknowledgeand agree that you will not upload or transmit to DKOldies any information or material that violates or infringes, in any way, the rights of others (including their copyrights, patents, trademarks or trade secrets), or which is unlawful, threatening, abusive, defamatory, libelous, invasive of the privacy of others, violates proprietary or publicity rights, or is vulgar, obscene, profane, harassing or otherwise objectionable to us. However, DKOldies reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to DKOldies in its sole discretion.
You agree to indemnify, defend, and hold harmless DKOldies, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
22. Third-Party Links
In an attempt to provide increased value to our visitors, DKOldies may link to sites operated by third parties. However, even if the third party is affiliated with DKOldies, DKOldies has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DKOldies. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, DKOldies seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
23. Mobile Message Service Terms and Conditions
The DKOldies mobile message service (the "Service") is operated by DKOldies. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from DKOldies via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (443) 339-9385 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other DKOldies mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (443) 339-9385 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Except where prohibited by law, you agree (i) to waive the right to trial by jury and the ability to participate in a class action regarding your use of the DKOldies website, your purchase of any products from DKOldies, or any of these Terms and Conditions, this Policy; (ii) that any dispute with DKOldies regarding your use of the DKOldies website, your purchase of any products from DKOldies, or any of these Terms and Conditions this Policy will be resolved through negotiation with DKOldies, and if agreement cannot be reached through negotiation, resolution will be sought on an individual basis only through binding arbitration in the State of Pennsylvania as conducted by the American Arbitration Association (“AAA”), JAMS, or any other company selected by mutual agreement of the parties, and (iii) that the laws of Pennsylvania will govern the substantive resolution of the matter. No individual arbitration under this Policy regarding your use of the DKOldies website, your purchase of any products from DKOldies, or any of these Terms and Conditions will be combined with any other arbitration.
No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
25. Governing Law
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
26. Submission to Jurisdiction
Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the Commonwealth of Pennsylvania, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.