DEVILBISS AUTOMOTIVE REFINISHING
Welcome to DeVilbiss Automotive Refinishing's Internet Website at www.autorefinishdevilbiss.com. DeVilbiss Automotive Refinishing, and its affiliates provide their services to you subject to the following terms and conditions. By visiting or using the DeVilbiss Website, including submitting electronic purchase orders, you accept these terms and conditions.Please read them carefully. If you do not agree with these terms and conditions, you should immediately cease use of the DeVilbiss Website.
1. PRIVACY NOTICE
Customer Information.
DeVilbiss Automotive Refinishing receives and stores any information you enter on the DeVilbiss Website or give DeVilbiss Automotive Refinishing in any other way, including, for example, your name, e-mail address, password, computer and connection information, phone number, mailing address, credit card information, purchase and DeVilbiss Website use history. DeVilbiss Automotive Refinishing uses such information to respond to your requests, improve customer service, complete sales transactions, communicate with you, manage the DeVilbiss Website, and tell you about the products and services DeVilbiss Automotive Refinishing offers. DeVilbiss Automotive Refinishing will not disclose your information to any third parties other than to conduct the business of DeVilbiss Automotive Refinishing, including the fulfillment of your order. DeVilbiss Automotive Refinishing may disclose your information to third party service providers who may fill orders, deliver packages, send postal mail and e-mail, remove repetitive information from customer lists, analyze data, provide marketing assistance, provide search results and links (including paid listings and links), process credit card payments, and provide customer service. Third party service providers may have access to your information needed to perform their functions, but have agreed not to use it for any other purpose.
Business Transfers.
In the event DeVilbiss Automotive Refinishing buys or sells business units, your information may be transferred as a business asset but on the condition that the information remains subject to the terms of this Conditions of Use.
Release of Information.
DeVilbiss Automotive Refinishing releases account and other personal information when DeVilbiss Automotive Refinishing believes release is appropriate to comply with the law; enforce or apply these Conditions of Use and other agreements; or protect the rights, property, or safety of DeVilbiss Automotive Refinishing, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Security. DeVilbiss Automotive Refinishing uses reasonable safeguards to protect your information received and stored from your use of the DeVilbiss Website from unauthorized access, use, modification, or disclosure.
2. LICENSE TO USE DEVILBISS WEBSITE
Limited License.
DeVilbiss Automotive Refinishing grants you a limited license to access and make personal use of this site solely for the purchase of goods from DeVilbiss Automotive Refinishing and you agree not to download or modify it, or any portion of it. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DeVilbiss Automotive Refinishing. You may not use any meta tags or any other "hidden text" utilizing DeVilbiss Automotive Refinishing's name or trademarks without the express written consent of DeVilbiss Automotive Refinishing. Any unauthorized use or use inconsistent with these terms shall automatically terminate the permission or license granted by DeVilbiss Automotive Refinishing herein.
Intellectual Property.
All content included on the DeVilbiss Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DeVilbiss Automotive Refinishing or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DeVilbiss Automotive Refinishing and protected by U.S. and international copyright laws. In addition, BINKS, DEVILBISS, DEKUPS and other product and service names, graphics, logos, page headers, button icons, scripts, appearing on the DeVilbiss Website are trademarks, registered trademarks or trade dress of DeVilbiss Automotive Refinishing in the U.S. and/or other countries. DeVilbiss Automotive Refinishing trademarks and trade dress may not be used in connection with any product or service that is not DeVilbiss Automotive Refinishing's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DeVilbiss Automotive Refinishing. All other trademarks not owned by DeVilbiss Automotive Refinishing that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DeVilbiss Automotive Refinishing. Nothing contained on the DeVilbiss Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of DeVilbiss Automotive Refinishing's intellectual property displayed on the DeVilbiss Website without the written permission of DeVilbiss Automotive Refinishing. You agree that you will not use any robot, spider, scraper or other automated means to access the DeVilbiss Website for any purpose. Additionally, you agree that you will not: (i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your Information) from the DeVilbiss Website without the prior expressed written permission of DeVilbiss Automotive Refinishing and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the DeVilbiss Website or any activities conducted on the DeVilbiss Websites; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the DeVilbiss Automotive Refinishing Websites.
3. SALES TRANSACTIONS
Account Access.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, including, without limitation, electronic submission of purchase orders (also referred to herein as "Internet Purchase Orders").
Refusal of Service.
DeVilbiss Automotive Refinishing reserves the right to refuse service, terminate accounts, remove or edit content, and/or cancel orders in its sole discretion.
Internet Purchase Orders.
Internet Purchase Orders may generate an automatic confirmation and response e-mail. Any automatic confirmation and response e-mail is subject to correction prior to delivery due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. The DeVilbiss Website pages are an invitation for you to make us an offer to buy the products and/or services described, and DeVilbiss Automotive Refinishing's delivery constitutes acceptance of your offer. DeVilbiss Automotive Refinishing will notify you of any corrections or changes and ask for your approval before DeVilbiss Automotive Refinishing completes your order. DeVilbiss Automotive Refinishing will not complete your order until DeVilbiss Automotive Refinishing has your approval. DeVilbiss Automotive Refinishing reserves the right to limit sales, including the right to prohibit sales to resellers, even after DeVilbiss Automotive Refinishing has received and confirmed your order. All DeVilbiss Automotive Refinishing sales are subject to DeVilbiss Automotive Refinishing's Terms and Conditions of Sale. Commencement of any work by DeVilbiss Automotive Refinishing or acceptance of delivery of any goods under your purchase order shall constitute your acceptance of DeVilbiss Automotive Refinishing's Terms and Conditions of Sale. In the event of a conflict between DeVilbiss Automotive Refinishing's Terms and Conditions of Sale and the terms in this Section 3 (Sales Transactions) with regard to the sale of products and/or services pursuant to an Internet Purchase Order, the terms in this Section shall govern.
Pricing.
Prices and specifications are subject to change without notice and are valid only on the day the order is placed. DeVilbiss Website prices, e-mail offers and other advertisements are subject to correction. Published prices do not include shipping, sales tax and insurance. Proof of purchase and postage may be required for rebates.
Payment.
DeVilbiss Automotive Refinishing accepts payment for products and/or services purchased via the DeVilbiss Website by credit card only.
Shipment.
Delivery dates are estimates only and are based on manufacturer inventory and normal shipping conditions (shipping conditions and actual ship dates may vary). Shipping and handling charges will be added to the price of any products and/or services purchased by Internet Purchase Order via the DeVilbiss Website. DeVilbiss Automotive Refinishing reserves the right to make partial shipments until a purchase order is shipped complete. DeVilbiss Automotive Refinishing will notify you if products and/or services have been discontinued and/or are no longer available, and such products and/or services will be cancelled from pending purchase orders with a credit for any paid, but unshipped products and/or services.
Risk of Loss.
All products and/or services purchased from the DeVilbiss Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon DeVilbiss Automotive Refinishing's delivery to the carrier, at DeVilbiss Automotive Refinishing's shipping point.
DeVilbiss Automotive Refinishing Products and Services. DeVilbiss Automotive Refinishing reserves the right to modify and/or discontinue products and/or services, at any time, and at DeVilbiss Automotive Refinishing's sole discretion.
Return Policy.
If you are not satisfied with your purchase and you return products within thirty (30) days of receipt, you may exchange the product or receive a refund or credit, according to this Return Policy, provided the returned products are in the same condition as the date shipped ("as new" condition), and returned in the original box and packaging, along with a copy of the Internet Purchase Order, shipping documents, proof of delivery, and any warranty cards, manuals and accessories. Refunds are issued only after receipt and inspection of returned goods. Returns must be shipped prepaid, and shipping and insurance charges are not refunded, except for defective or damaged products, or products shipped in error by DeVilbiss Automotive Refinishing. Products that have been used cannot be returned. To return products, you must complete a Return Form and use the Return Label included with the shipping documents. If you have any questions, call the toll free number (USA and Canada): 800-445-3988; or send an e-mail to askus@devilbissar.com. This Return Policy is different from DeVilbiss Automotive Refinishing's standard return policy and applies only to products purchased pursuant to an Internet Purchase Order via the DeVilbiss Website; products purchased by other means cannot be returned using these procedures.
Warranty.See DeVilbiss Automotive Refinishing's Terms and Conditions of Sale.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
DISCLAIMER.
THIS SITE IS PROVIDED BY DEVILBISS AUTOMOTIVE REFINISHING "AS IS" AND "AS AVAILABLE" BASIS. DEVILBISS AUTOMOTIVE REFINISHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEVILBISS AUTOMOTIVE REFINISHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVILBISS AUTOMOTIVE REFINISHING DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DEVILBISS AUTOMOTIVE REFINISHING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEVILBISS AUTOMOTIVE REFINISHING 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. DEVILBISS AUTOMOTIVE REFINISHING'S LIABILITY, IF ANY, IS EXPRESSLY LIMITED TO THE PURCHASE PRICE OF ANY PRODUCT PURCHASED BY ELECTRONIC PURCHASE ORDER SUBMITTED PURSUANT TO THIS DeVilbiss WEBSITE.
Website Links.
In the event any website is linked to the DeVilbiss Website, such linked website is not under the control of DeVilbiss Automotive Refinishing and is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. DeVilbiss Automotive Refinishing may provide links to you only as a convenience, and the inclusion of any link does not imply endorsement by DeVilbiss Automotive Refinishing of the website. Descriptions of, or references to, products, publications or sites not owned by DeVilbiss Automotive Refinishing do not imply endorsement of that product, publication or linked website. DeVilbiss Automotive Refinishing has not reviewed all material linked to the DeVilbiss Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Indemnity.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
5. MISCELLANEOUS
Applicable Law.
By visiting the DeVilbiss Website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DeVilbiss Automotive Refinishing. Notwithstanding the foregoing, the DeVilbiss Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that DeVilbiss Automotive Refinishing intends to make such products or services available in such countries.
Contact Information.Toll free number (USA and Canada): 800-445-3988; or e-mail to AskUs@carlisleft.com.
Force Majeure.
DeVilbiss Automotive Refinishing's failure to perform any term or condition of these Conditions of Use as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Conditions of Use.
Arbitration:
Any controversy or claim arising out of or relating to the visitation, use or purchase of products of or pursuant to this DeVilbiss Website, the interpretation or application of these Conditions of Use or the breach, termination or validity thereof, the relationships which result therefrom (collectively, a "Claim") shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. You will not have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Toledo, OH, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or DeVilbiss Automotive Refinishing may seek any interim or preliminary relief from a court of competent jurisdiction in Toledo, OH necessary to protect the rights or property of you or DeVilbiss Automotive Refinishing pending the completion of arbitration. Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to DeVilbiss Automotive Refinishing arising out of sales hereunder may be exclusively litigated in court rather than through arbitration, at DeVilbiss Automotive Refinishing's sole discretion and election.