Terms & Conditions of Sale
Welcome to the online store (the “Store”) provided by dbell Inc. (“dbell”). Your purchase of dbell hardware products (“Products”) from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and any additional terms we provide, including but not limited to our Terms of Service and the terms of the Limited Warranty included in-box with a Product.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR DBELL PRODUCTS AND SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
DBELL DOES NOT GUARANTEE, REPRESENT, OR WARRANTY THAT YOUR USE OF THE DBELL VIDEO DOORBELL WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME DBELL VIDEO DOORBELL MAY NOT WORK DUE TO ENVIRONMENTAL CONDITIONS SUCH AS COMMUNICATION ERROR, POWER FAILURE, NETWORK FAILURE, INCOMPATIBLE DEVICE OR DEVICE FAILURE, DEVICE SOFTWARE OR FIRMWARE COMPATIBILITY ISSUE, USER ERROR OR FOR UNKNOWN REASON.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE DBELL VIDEO DOORBELL IS AT YOUR SOLE RISK.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from dbell, the Terms & Conditions in force at that time will apply between you and dbell. If you have any questions regarding these Terms & Conditions, you can contact dbell.
The Store is for retail sales to private consumers only. Please contact orders@dbelll.ca if you wish to purchase wholesale supplies.
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
Although the Store is accessible worldwide, the Products and Services offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products and Services outside Canada and the United States (each, a “Target Country”), as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store and our Products and Services are not designed for use in a non-Target Country and some or all of the features of the Store, Products and Services may not work or be appropriate for use in such a country. To the extent permissible by law, dbell accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Products and Services in a non-Target Country.
- Compatibility.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home (e.g., ensuring that your Wi-Fi signal strength is 50% or higher in the expected dbell installation location, your Wi-Fi frequency is compatible with the dbell wireless frequency like 2.4GHz, your existing doorbell transformer provides sufficient power as per the specifications). You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 30-day refund policy described below.
- Pre-Orders.
Products available for pre-order are not offered for sale by dbell. Your pre-order does not create a contract for sale. By placing a pre-order for a Product that is not yet available for sale, you make an offer to dbell to purchase the Product subject to these Terms & Conditions. dbell will obtain an authorization from your bank or credit card company for no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made.
You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged. You will receive an email several days prior to the shipment of pre-ordered Products in which you will have an option to cancel your offer and you will not be charged.
Later, when the Product is offered for sale, dbell may accept your offer to purchase Products subject to these Terms & Conditions. At that time, dbell will capture payment on the payment card you provided and ship your Product. dbell may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
dbell reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
- Payment
By providing a credit card or other payment method accepted by dbell, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your dbell account, you can do so at any time by logging into your account and editing your payment information.
- dbell-valley Subscription Services
(a) Subscription Plans. We offer different subscription plans for our Subscription Services. For more information about these plans, please visit dbell.ca/support/.
(b) Continuous Subscriptions. When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) dbell is authorized to charge you a monthly or annual subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues, and (2) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with dbell’s Terms of Service.
(d) Cancellations and Refunds. You may cancel your dbell-valley Subscription Services at any time by logging into your dbell Account and selecting “Cancel Subscription.” Note that merely unpairing a Product from a Subscription Service will not trigger cancellation of the Subscription Service. In the event you cancel a Subscription Service, we will provide a prorated refund for the period of time starting the day after cancellation of the Subscription Service through the remainder of your billing cycle.
(e) Free Trials. We may offer free trials of our Subscription Services for limited periods of time. If we offer you a free trial, the specific terms of your free trial will be provided at registration. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
- Availability and Pricing.
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Subscription Services without prior notice. Prices for the Products and Subscription Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change in accordance with section 16 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 4(d) above.
- Sales Tax.
Depending on the order, dbell calculates and charges sales tax in accordance with applicable laws.
- Resale and Title Transfer.
Purchases made on the Store are intended for end users only, and are not authorized for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by dbell to the freight carrier, but dbell and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
- Shipping and Delivery.
Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Store website from time to time. In Canada, we offer three methods of shipment: UPS Express, UPS Ground and Canada Post Expedited. In the United States, we offer three methods of shipment: UPS Express and Ground. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
The Products available on the Store have been designed, marketed and sold for use by residents of Canada and the United States, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided in English/French (Canada) and in English (U.S.) The Products available on the Store are not intended for use outside of Canada and the United States, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
- Installation.
There may be laws in the jurisdiction that you install a particular Product applicable to where and how to install that Product. You should check that you are in compliance with all relevant laws in your jurisdiction. dbell is not responsible for any injury or damage caused by self-installation. You should do your own diligence of the installers to select one that best fits your needs.
- Returns for Refund.
If, for any reason, you want to return the Product you purchased from the “dbell.ca or dbell.com” online store for a refund, you must notify us no later than 7 days following the date you receive it (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting dbell tech support and clearly stating your desire to return the Product. Although it will not affect your right to a refund, please include details on where and when you purchased the Product and your reason for returning the Product. dbell customer service will provide you with a Return Materials Authorization (“RMA”) if your purchase qualify for a return that must be included with your return shipment to dbell so dbell can identify your shipment and with a return address. If you purchased the Product from somewhere other than the dbell Store, please contact that reseller to obtain a refund.
- We offer all our customers a 14-day money-back guarantee on all our products starting from the day you receive it (EXCLUDING opened or used Products).All returns need a return authorization number. (RMA number)
Merchandise must be factory sealed to receive a full refund.
Merchandise must be returned with all of the accessories and Free Gift if apply.
Opened items cannot be returned. If the product is defective dbell will exchange the defective item based on tech support diagnosis. Defective items will be replaced with same item only unless otherwise authorized by representative.
All claims for delivery damages and defective items must be reported within 7 days of the delivery date. Faulty goods must be returned for exchange.
For change of mind refund request, client must pay the shipping charges dbell paid to ship the products and the item must be returned to dbell at their expense.
We do not pay for the postage on returns.
Shipping charges are not refundable.
If customers return items that are marked as “free shipping”, the actual shipping cost will be deducted from the refund.
If products are returned to us for no reason (unclaimed, change of mind, refused, wrong address or in customer reason), the order would be subject to reshipping charge or/and a 20% restocking fee.To receive a refund, you must return your Product (and any promotional merchandise supplied with the Product) with an RMA within the 7 days following the day on which you notify dbell and received an authorization from tech support that you desire to return your Product.If you purchase a Bundle (multiple Products sold together at a discount) and you return only part of the Bundle, we will subtract the total Bundle discount from your refund. We may reduce the amount of your refund to reflect any reduction in the value of the Product, as determined in our sole discretion, caused by your handling them in a way which goes beyond what is necessary to establish their nature, characteristics and functioning (e.g., beyond what would normally be permitted in a shop).
We will process the refund due to you as soon as possible and, in any case, within 30 days from the date of receipt by dbell of the returned Product.
- Disputes and Arbitration
(a) Contact dbell First. If a dispute arises between you and dbell, our goal is to learn about and address your concerns. You agree that you will notify dbell about any dispute you have with dbell regarding these Terms & Conditions by contacting dbell.
(b) Binding Arbitration. You and dbell agree, subject to section 11(g) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products and/or Subscription Services to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products and/or Subscription Services. Subject to section 11(g) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products and/or Subscription Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.
(c) Arbitration Procedures. You must first present any claim or dispute to dbell by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to dbell. dbell may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 16 (Notifications). The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the Canadian Arbitration Association as modified by this agreement. The place of any arbitration will be Toronto, Ontario, Canada, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you, nor dbell nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
(d) No Class Actions. There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).
(e) Fees and Expenses. All administrative fees and expenses of arbitration will be divided equally between you and dbell. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.
(f) YOU MUST CONTACT DBELL WITHIN ONE (1) MONTH OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
(g) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, dbell may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
- Warranties and Disclaimers.
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty included with a Product. You may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty, you should contact dbell.
You use our Products and dbell-valley Subscription Services at your own discretion and risk. You will be solely responsible for (and dbell disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your doorbell system, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home. Unless explicitly promising a “guarantee,” dbell does not guarantee or promise any specific level of security or other safety benefit from the use of a Product and/or Subscription Services or any feature of them.
dbell gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and usage of a Product.
- Limitation of Liability.
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) DBELL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF DBELL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) DBELL’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO DBELL OR DBELL’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. DBELL DISCLAIMS ALL LIABILITY OF ANY KIND OF DBELL’S LICENSORS AND SUPPLIERS.
- Data Protection.
By placing an order for Products and/or Subscription Services, you agree and understand that dbell may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. dbell may also share such data with its subsidiaries. All dbell companies shall protect your information in accordance with the Website Privacy Policy. dbell works with other companies that help dbell provide Products to you, such as freight carriers and credit card processing companies, and dbell may have to share certain information with these companies for this purpose.
- Electronic Communications.
You are communicating with dbell electronically when you use the Store or send email to dbell. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about dbell’s products and services unless you opt-out of such emails using the opt-out link in the emails.
- Notifications.
dbell may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your dbell account, hard copy, or posting of such notice on the dbell website. dbell is not responsible for any automatic filtering you or your network provider may apply to email notifications. dbell recommends that you add @dbell.ca URLs to your email address book to help ensure you receive email notifications from dbell.
- Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Severability.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
- Waiver.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
- Governing Law and Jurisdiction.
These Terms & Conditions are governed by the laws of the Province of Ontario without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the Province and federal courts in or for Province of Ontario, for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.
