CONDITION OF USE
About These Terms And Conditions
In these Terms and Conditions "we" and "us" mean Dix30 Simulation, NEQ 2268278241, and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders with Dix30 Simulation Store. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Dix30 Simulation Store suffer any damage or other losses as a result of a transaction entered into by a minor, Dix30 Simulation Store reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Dix30 Simulation Store.
Payment Methods And Processing
Dix30 Simulation Store currently accepts Visa & Mastercard credit cards processed by our partner Chase Paymentech. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday may not begin payment processing until the next business day.
Business days are Monday through Friday, excluding Canadian Public holidays. We process credit card and PayPal payments after you click the "Confirm Order" button. For credit card and PayPal payments we will email an invoice to you with your Order Confirmation. Another Invoice will be included with your product. Your invoice is your proof of purchase.
Please Note Credit cards have daily spending limits that may substantially delay the processing of your order. You may be required to provide further identification for additional security reference checks. If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.
Dix30 Simulation Store always seeks to list Products with the most competitive prices. Dix30 Simulation Store reserves the right to change prices for Products displayed at Dix30 Simulation Store at any time.
Prices displayed on Dix30 Simulation Store website are based on Canadian dollars. Dix30 Simulation Store also provides prices in other world currencies. These are provided for the convenience of international customers and are estimates only. All sales are completed in Canadian dollars.
YOUR RIGHTS TO RETURN A PRODUCT
1.1 - No refund or credit is available if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
2.2 - Download Products: No refund, credit or replacement of any kind is available for download products. A link to your purchased download products will be available for up to 7 days and products may be downloaded up to 5 times. It is your responsibility to transfer your purchased download products within this time. Considering the technical nature of the internet Dix30 Simulation Store will make every effort to resolve any issues you may have while attempting to download your products to ensure successful delivery.
2.3 - Dead On Arrival Products - "DOA" A Product from Dix30 Simulation Store is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
If you believe that your Product is DOA, you must contact us within 7 calendar days from the date that the Product was dispatched. A member of Dix30 Simulation Store Customer Service team will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product.
2.4 - Refunds will only be offered where a replacement Product can not be provided. Due to copyright restrictions, refunds are not available for download products or products delivered on CD-ROM, DVD and/or any other duplicatable medium.
2.5 - Where Dix30 Simulation Store has provisionally determined that a Product is DOA, return shipping will must be arranged at the expense of the customer. If when received by Dix30 Simulation Store the Product is confirmed DOA the cost of return shipping will be refunded.
2.6 - Where you fail to notify Customer Service within 7 days of the date of dispatch about a DOA Product, and the Product needs to be returned, you will be required to pay postage costs for returning the Product to us. If the Product is deemed by Customer Services NOT to be DOA, Dix30 Simulation Store may in its absolute discretion refuse to replace the Product or offer you a refund for the Product. When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. When a refund is given, the returned DOA Product becomes our property.
2.7 - Dix30 Simulation Store reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Dix30 Simulation Store reserves the right to impose a 15% handling and administration fee (Re-stocking fee)
2.8 - Product Problems After Delivery
If a defect arises after delivery and a valid claim is received by Customer Service within 30 days of delivery, Dix30 Simulation Store will exchange the Product where possible. Due to copyright restrictions, refunds are not available for download products or products delivered on CD-ROM, DVD and/or any other duplicatable medium. Where we agree to replace the Product at purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product.
2.9 - We will make arrangements with you for the return of the Product. The delivery time for replacing the Product will be the same as stated for the original Product. Replacement Products are provided with the same Warranty as the returned Product.
Return Authorization Number - A Must Have
3.1 - A Return Authorization Number (RAN) is required for replacement Products. Where Customer Service has provisionally determined that a Product is DOA, Customer Service will contact Manufacturer so we can be issued with a RAN. Products can not be returned without a RAN. The Product must be returned to Dix30 Simulation Store within 7 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product at original state.
3.2 - Organizing the Return of DOA Products by Manufacturer
DOA Products must be returned whenever we agree to replace the Product. Where you received a DOA Product by Canada Post, Customer Service will email you the RAN which you must clearly include in the address label of the returned Product. You must then post the Product at any Canadian Post Office.
When a Replacement Product is arranged:
3.3 - A replacement for the same Product that you ordered will be shipped to you at manufacturer expense after we have received your returned DOA Product. The delivery time for the replacement Product will be the same as stated for the original DOA Product. Replacement Products are provided with the same Limited Warranty as the DOA Product.
When a Refund is arranged:
3.4 - Refunds include all shipping and associated costs for the DOA Product. No refund will be given to you until Dix30 Simulation Store has received the DOA Product from you. Refunds will be issued by check or a credit to "Your Account" with Dix30 Simulation Store only.
Products - Manufacturer Only Warranty
3.5 - All Products sold through Dix30 Simulation Store are serviced and supported exclusively by their manufacturer, author or publisher in accordance with Terms and Conditions packaged with the Products. Where we supply a Product to you with a Manufacturer's Warranty packaged with the Product, Dix30 Simulation Store Warranty does not apply. Dix30 Simulation does not provide technical support nor is abilited to do so by manufacturer's agreement.
3.6 - If at any time after you purchase a Product you discover what you believe is a Product defect or failure, please contact the manufacturer directly using the Manufacturer's Warranty information and Terms and Conditions packaged with the Product, for the replacement or repair of the Product.
Delivery Of Your Products
Download products will be delivered and associated licenses to use download products will be issued only after payment processing has completed. In some cases a license or registration code to use the product will be issued directly by the publisher of the product. When this is the case Dix30 Simulation Store cannot guarantee the time taken for the issue of such a license or registration code.
Estimated delivery times will be displayed at the check out for your Product.
Dix30 Simulation Store makes every effort to deliver your Product according to the estimated delivery times provided by Dix30 Simulation Store at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.
We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Canada Post) may leave a card so you can pick-up your Product from your local Post Office in Canada.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your order confirmation; however, we do not guarantee that we will deliver within this time frame. Dix30 Simulation will not be responsible for any long delay, loss of product while shipping international. Dix30 Simulation responsibilities end at date and time to product release to either Canada Post, UPS, Fedex and Purolator shipping service. We remain, as to ensure higher customer service, available for support when delivery has an issue. No support will be given any longer if a dispute case is open with one of our financial institution.
Title and risk of loss to all Products will pass to you on delivery.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products offered by Dix30 Simulation Store that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products offered by Dix30 Simulation Store, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Notice.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Dix30 Simulation Store. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Dix30 Simulation Store for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Dix30 Simulation Store, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Dix30 Simulation Store reserves the right to change the Terms and Conditions of sale at any time. No employee or agent of Dix30 Simulation Store has the authority to vary any of the Terms and Conditions governing any sale.
Placing Your Order
You may place an Order by filling in the Order Form on Dix30 Simulation Store Web Site and clicking the "Confirm Order" button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Information contained on Dix30 Simulation Store website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Dix30 Simulation Store will make every effort to supply Products to you.
We will notify you that your order is being processed by sending you an order Confirmation and invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Dix30 Simulation Store and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Dix30 Simulation Store purchases include GST & PST unless otherwise stated on a Product & Shipping listing.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item.
Computer Hardware - Exclusions and Limitations
Dix30 Simulation Store is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any warranty offered by Dix30 Simulation? Store.
In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, Dix30 Simulation Store will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Dix30 Simulation Store Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Dix30 Simulation Store specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data.
Where a computing Product needs to be returned to Dix30 Simulation Store for replacement or a refund, Dix30 Simulation Store will in no manner whatsoever be responsible for any data you may leave on the computing Product.
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of Products by Dix30 Simulation Store and there are no warranties, conditions or other terms that are binding on us except as expressly stated in these Terms and Conditions. Any warranty, condition or other term concerning our Products which might otherwise be implied into or incorporated in these Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Credit Card Fraud
Whilst Dix30 Simulation Store employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Dix30 Simulation Store will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Dix30 Simulation Store shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Dix30 Simulation Store, and Dix30 Simulation Store shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and shall be subject to the non-exclusive jurisdiction of the courts of the Province of Quebec.