Terms of Use

 

November 30, 2023

 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE (this "Website"). By accessing or using this site, you agree to these Terms of Use. If you do not agree to these terms you may not use this site. Please be aware that Dacor may revise these Terms of Use from time to time by updating this posting. You agree that no further notice is required. Such revised Terms of Use will take effect as of the date of posting.

Please ensure that you read these Terms of Use carefully as they affect your legal rights and responsibilities.

References to “Dacor”, “us” or “we” in this Privacy Policy means Dacor, Inc., 85 Challenger Road, ridgefield Park, NJ USA 07660 and its affiliates, including Samsung. References to “Samsung”, or “Samsung Electronics” in this Privacy Policy means Electronics Canada Inc. (headquartered in Canada), and its affiliates, including its parent company, Samsung Electronics Co. Ltd. (headquartered in South Korea).

If you have any questions, comments or concerns regarding these Terms of Use, please contact us at:

Dacor, Inc.

In the care of Samsung Electronics Canada Inc.
2050 Derry Road W.
Mississauga, ON L5N 0B9
Phone: 1-844-509-4659

Email:   [email protected]

 

1. AGREEMENT

 

These Terms of Use constitute an agreement between you, and Dacor regarding your access to and use of the Website, all content, products and services available on or through the Website. In addition, by agreeing to these Terms of Use, you are also agreeing to the collection of personal information through the Website in accordance with these Terms of Use and our Privacy Policy available at:

https://www.dacor.com/ca/about/privacy-policy

The products and services advertised, listed or described on the Website are invitations to you to make offers to Dacor, as applicable, to purchase such products or services, and are not offers to sell products or services to you.

 

2. CONDITIONS OF USE

 

By using the Website, and each time you use the Website, you are accepting and agreeing to be bound by these Terms of Use on your own behalf or, as applicable, on behalf of the party or parties on whose behalf you are using the Website. If you do not agree with these terms, then you may not use or visit the Website.

We may, in our sole discretion, revise these Terms of Use at any time without advance notice to you by posting the revised Terms of Use on the Website. It is your responsibility to regularly review these Terms of Use. If you use the Website after we make any changes, you will be accepting the changes and agreeing to be bound by the revised Terms of Use.

You may use the Website only if you are a resident of Canada, have reached the age of majority where you live and have legal capacity to enter into a legal agreement. Your use of the Website must comply with all applicable laws, and it is your responsibility to determine whether your use of the Website is legal.

By using the Website, you represent and warrant that:

• All information you provide through the Website is true, accurate and complete;
• You accept full responsibility for all charges, duties, fees, taxes and other financial liability resulting from your use of the Website or your user account; and
• You consent to the collection, use and disclosure of the personal information that you provide through the Website on the terms set out in our Privacy Policy and these Terms of Use.

 

3. USER ACCOUNTS

 

To access some features of the Website, you may need to register for a user account. You are solely responsible for the activity that occurs in your user account, and it is your responsibility to keep your account password secure.

You agree to immediately notify us of any breach of security or any unauthorized use of your user account. We will not be liable for any losses arising from any unauthorized access to or use of your account caused by you.

 

4. AVAILABILITY OF PRODUCTS

 

We do not guarantee that products as shown on the Website will be available for purchase or immediately available for delivery or pick-up at a specific store location.

Dacor does not make any claim that products that are found on the Website are available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada. Further, Dacor does not make any claim that the products available in other locations, including retailers, direct carrier stores, and other agent locations, whether in Canada or outside of Canada, are or will be available on the Website.

5. OWNERSHIP

As between you and Dacor, Dacor or its licensors owns or licenses all intellectual property rights in and to the Website and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, graphic and graphical elements on the Website (the “Content”). Your use of the Website does not entitle you to any ownership or other rights or interests in or to the Website or the Content. The Website and the Content are protected by Canadian and international copyright, trademark and other laws.

You agree not to link, make reference to, use, reproduce, republish or re-disseminate any Content including any of our icons, logos or trademarks without our prior written consent.

 

6. TRADEMARKS AND COPYRIGHT

 

Nothing appearing on the Website or in these Terms of Use grants to you the right to use the names, designs, trademarks or logos appearing on the Website (the “Marks”). The Marks are the registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Dacor. All use, duplication, publication, modification or dissemination of the Marks by you is prohibited.

All site design, text, graphics, interfaces, and the selection and arrangements thereof are the property of Dacor. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Dacor or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Dacor is strictly prohibited.

 

7. THIRD PARTY WEBSITES

 

The Website may provide links and references to other websites that are owned and operated by third parties. We do not sponsor or endorse any information, products, goods or services contained in or offered through any of the linked websites. These third party sites are not maintained, operated or controlled by Dacor, and we provide no representation or warranty regarding these linked websites. You assume sole liability for the access or use of such third party sites and content.

 

8. ERRORS AND OMISSIONS: CHANGES TO THE WEBSITE OR OFFERS

 

We strive to ensure current and accurate information on our Website. However, due to changing market conditions and competition, misprints, omissions or other errors may sometimes occur, including, but not limited to, incorrect prices and/or specifications for products. Dacor does not guarantee that products and services advertised on the Website will be available when viewed or upon subsequent visit to a retail location or thereafter.

We endeavor to provide our customers with an agreeable solution to their shopping needs. However, Dacor does not warrant that the content of the Website including, without limitation to, product descriptions, pricing or photographs, is accurate or complete.

Dacor at all times reserves the right, at any time without prior notice or liability to you or any other person, to:

• Revoke any stated offer on our Website, and to correct any omission, error, or inaccuracy, as permitted by applicable law; and
• Change at any time the products and services advertised on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person.

 

9. PROMOTIONS

 

You understand and agree that any promotional offers, as listed on the Website and in advertising, are limited time offers while supplies last. Such promotional offers may change at any time, and are subject to such additional terms and conditions as Dacor may specify from time to time. Dacor reserves the right to correct, amend or cancel any promotional offers at any time and without notice.

All promotional offers will end at 11:59pm ET of the stated end date.

 

10. CONSENT FOR COLLECTION AND USE OF DATA

 

You acknowledge and agree that Dacor and/or parties that are entrusted by Dacor may collect and use information necessary to provide the services offered to you through the Website, and to improve or enhance our services. At all times your information will be treated in accordance with Dacor’s Privacy Policy which can be viewed at https://www.dacor.com/ca/about/privacy-policy. You are responsible for obtaining (and you represent and warrant that you have obtained), any and all consents that may be required under applicable law from all individuals whose information may be collected by Dacor or from all individuals whom you may be relying upon in your use of the Website.

 

11. ACCURACY OF INFORMATION

 

It is your responsibility to ensure that all information that you provide to Dacor through the Website is accurate, complete and up-to-date, including information required to access any Services being offered on the Website. You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you.

 

12. PERSONAL INFORMATION

 

Dacor collects, uses and discloses personal information about its customers in accordance with the terms of its Privacy Policy, which Dacor may amend or change without notice to you at any time at its discretion. By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information on the terms set out in Dacor’s Privacy Policy https://www.dacor.com/ca/about/privacy-policy.

You further acknowledge and agree with Dacor that you consent to the collection, use and disclosure of your personal information including, without limitation, your name, address, email address, or phone number (“Personal Information”) that is gathered about you through the Website in connection with your use of any page on the Website and the Services offered by Dacor, and the disclosure of your Personal Information to third parties who may further collect, use and disclose your Personal Information to enable Dacor, and any third parties and ancillary fulfillment service providers that Dacor determines are necessary for the operation of the Website or services offered by Dacor. The foregoing includes, without limitation, collection for and disclosure of Personal Information to third party service providers who assist in operating the Website, or affiliates of Dacor (collectively, the “Permitted Third Parties”) and the use of the Personal Information by the Permitted Third Parties to: (a) communicate with you whether directly or indirectly to advise you of other products and services that are available or may be available in the future, (b) provide you with effective customer service, including but not limited to trouble-shooting or warranty service, and ask for feedback on the same,  and (c) comply with legal and regulatory requirements (collectively the “Purposes”). By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein for the Purposes. You acknowledge and agree that your Personal Information may be stored outside of Canada. By submitting your Personal Information you agree that the Permitted Third Parties may rely on the consents granted herein.

 

13. COMMUNICATIONS AND OTHER CONTENT

 

You may post certain content to the Website, so long as the content is not obscene, illegal, defamatory, threatening, invasive of privacy or otherwise injurious to Dacor or any third parties or contain any form of "spam".

By posting content, you grant Dacor and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Dacor and its affiliates and sub-license the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dacor or its affiliates for all claims resulting from content you supply. Dacor has the right but not the obligation to monitor and edit or remove any content. Dacor takes no responsibility and assumes no liability for any content posted by you or any third party.

 

14. LIABILITY

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY DACOR TO THE FULLEST EXTENT PERMITTED BY LAW.

DACOR DOES NOT REPRESENT THAT THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. DACOR, AND ITS RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (1) ERRORS OR OMISSIONS IN CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES (INCLUDING CLAIMS FOR NEGLIGENCE OR GROSS NEGLIGENCE), AND EVEN IF DACOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

15. TERMINATION

 

We may, at our discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it any time without notice or liability to you or any other person. We may also, at our discretion and for any reason, terminate these Terms of Use or your permission to access and use the Website without any notice or liability to you or any other person.

If your permission to use the Website is terminated for any reason, the remaining terms of these Terms of Use shall remain in full force and effect. The termination of these Terms of Use or the revocation of your rights to use the Website, shall not affect the enforceability of any other agreement between you and Dacor.

 

16. GENERAL PROVISIONS

You acknowledge and agree that the invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms of Use shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Any delay, omission or failure by Dacor, to exercise their rights, powers or remedies under these Terms of Use shall not constitute a waiver by Dacor of those rights, powers or remedies.

To the fullest extent permitted by applicable law, for users outside the Province of Quebec, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or any matter related to these Terms of Use will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws.

For users within the Province of Quebec, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or any matter related to these Terms of Use will be governed by and construed in accordance with the domestic laws of the Province of Quebec and the federal laws of Canada applicable therein. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms of Use or the use of the Website.

You may not assign these Terms of Use or assign any rights or delegate any obligations under these Terms of Use.

These Terms of Use do not replace and are in addition to any other agreement you may have with Dacor, if applicable. Subject to any other agreement you have entered into with us, if applicable, these Terms of Use and any other notices or statements posted on the Website constitute the entire agreement between us concerning the use of the Website, including the Content, and supersede any and all prior or contemporaneous terms of purchase, communications and proposals, whether electronic, oral or written, between you and Dacor with respect to the Website and Content. Any attempt to modify or alter this document will be deemed null and void, unless first approved by Dacor in writing and on official company letterhead.