Terms of Service

OVERVIEW

This website is operated by Dark Horse Direct. Throughout the site, the terms “we”, “us” and “our” refer to Dark Horse Direct. Dark Horse Direct offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By checking out via Partial.ly Payment Plan, you will digitally sign an agreed upon contract. This will serve as additional evidence of your agreement to all applicable terms of service and site policies, including shipping, returns, refunds, order cancellations, etc. in addition to Partial.ly Terms of Service. By checking out via the Shopify checkout, you will be required to agree to these Terms of Service to complete your order by selecting the checkbox on the Shopping Cart page. Please review all materials for further details, including our FAQ, or contact directhelp@darkhorse.com for assistance.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Series content, product specifications, release dates and pricing are subject to change.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Cancellations at the discretion of Dark Horse Direct may be subject to our Cancellation Policy. This is subject to the discretion of the Dark Horse Direct Customer Support Staff.

SECTION 7 PRE-ORDER TERMS & CONDITIONS

SUBSECTION 1 - PRODUCTS

You may pre-order our Products, separately or in combination with each other. By placing a pre-order or purchasing currently shipping products, you hereby agree to the following Terms of Service Conditions.

SUBSECTION 2 - PRE-ORDER REGISTRATION

When placing a Pre-Order, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. We shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your Product being shipped by sending an e-mail to DirectHelp@DarkHorse.com or by simply logging into your account and updating your customer information. To avoid any unnecessary complications in order fulfillment, please verify that your payment and shipping information is accurate every time you place an order.

SUBSECTION 3 - PAYMENT

On certain items, you will be charged a non-refundable deposit of 10% of the purchase price (refundable only if you cancel within twenty-four (24) hours of your Pre-Order) when you place your Pre-Order. This will be indicated on the product page if a non-refundable deposit will be required. We will retain your deposit if you cancel any time thereafter. We will charge you the remainder of the payment pursuant to one of the following methods: (i) upon shipping of the Product; (ii) for manufacture-to-order Products at the time of your Order; or, (iii) optionally for Products retailing over $100 USD on payment plan installments. Non-Refundable Deposits (NRD) are non-transferable between items and/or orders. All Pre-Orders are handled through the Shopify Payment platform unless purchased via an available payment plan option. Methods of payment accepted are Visa, Master Card, American Express, Discover, PayPal, and others as made available from time to time by the payment gateway provider. All Payment Plan Pre-orders placed before June 17th, 2020 will be facilitated through your PayWhirl account. Any Payment Plan placed after June 17th, 2020 will be facilitated by Stripe and can be managed through your Dark Horse Direct account. Payment Plan Pre-orders placed on and after January 30, 2023 will be facilitated through Partial.ly and will require a contractual agreement. Customers who use the Partial.ly Payment Plan service will be bound to the Partial.ly Terms and Conditions in addition to the Dark Horse Direct Terms of Service and contract agreement. Products will not be shipped until final payment is completed on your selected plan and the item is in-stock. A 5% usage fee is applied at checkout when using this service. Your placing of a Pre-Order constitutes your express agreement to our charging of your provided payment method at such time. For international customers: The purchase price does not include import duties, taxes, and other government charges, which are your responsibility. If we are unable to commence shipment of a Pre-Order Product on or before the one-year anniversary of your placing the Pre-Order for that Product, we shall process a full refund to you upon your request. Partial.ly Payment Plans are available to US, Canada, Mexico, UK, Australia, France, Poland, Germany, Spain, and Italy residents only. This may change in the future at the discretion of Dark Horse Direct.

On items less than $100 USD, you may be required to pay the amount in full in order to secure your order of the said item. This is typically the case for items made to pre-orders. Any order cancellations on items with no NRD after a 72-hour grace period will be subject to a 10% cancellation fee.

CHARGEBACK DISPUTES & PAYPAL CLAIMS

In general, we STRONGLY urge you to contact our Customer Support team rather than initiating a chargeback dispute or submitting a PayPal claim if you have an issue. Our team is equipped to resolve any issue you may be experiencing. Initiating a chargeback dispute or PayPal claim only prolongs your resolution and virtually eliminates the options we have to assist you. Should one of these situations occur, your order will be placed on a permanent hold until the dispute or claim has been resolved. Unresolved claims or disputes are subject to all of our order cancellation procedures and fees, plus whatever your banking institution or PayPal charges us in addition to your claim. This can potentially affect future orders, as we will request resolution of fee prior to new order placement. Multiple chargeback claims or PayPal disputes by the same customer will result in account closure and automatic order termination from that point on. This is subject to the discretion of Dark Horse Direct Customer Support Staff. By selecting a Partial.ly Payment Plan during checkout you are agreeing to all applicable terms of service via the agreed upon contract. A copy of your acceptance of these terms and contract will be submitted as evidence upon dispute or claims information request.

At times there are order limits placed on certain products. The Dark Horse Direct Customer service staff will notify you if you are in violation of stated limitations of certain products listed on their product page. Order violations will be canceled and refunded. Repeated violations will be subject to a 10% cancellation fee of total order amount. This is subject to the discretion of the Dark Horse Direct Customer Support Staff.

SUBSECTION 4 - SHIPPING

The expected shipping date for Pre-Order Products will be clearly noted on each Product page, subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and we do not represent or warrant that we will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, we are not responsible for any damages that may occur due to the delay, nor shall we be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. The Products will be shipped in the order in which your Pre-Order is received. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, shipping address, and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Dark Horse Direct is not responsible for items shipped to 3rd party forwarders, individuals or businesses, and will consider the product as delivered and final once delivery has been confirmed at indicated shipping destination. Any damages to your item after delivery confirmation from selected carrier are not the responsibility of Dark Horse Direct and the customer will be responsible for any requested replacement costs and additional shipping fees incurred. We reserve the right to cancel and refund orders at will if an address or shipping information is suspected as fraudulent. In the event we contact you for more information regarding your shipping address, please reply promptly with the additional information requested, otherwise a delayed response can result in order cancelation and/or additional fees.
In the event an order undeliverable, refused upon delivery, or returned without prior authorization by contacting Dark Horse Direct Customer Service, Dark Horse Direct will adhere to our Returns Policy. In the event a balance is due for a refused/undeliverable/unauthorized returned order and you do not resolve the balance, Dark Horse Direct reserves the right to apply a permanent hold on the account, which will result in orders being held. Failure to resolve these fees will result in cancellation of any pending orders and account closure. Dark Horse Direct will deduct the aforementioned fees, in addition to our standard Cancellation and Restocking Fees as outlined in our Cancellation Policy, from any applicable refund.

SUBSECTION 5 - TAXES, CUSTOMS DUTIES, & IMPORT FEES

Dark Horse Direct will collect any US taxes required at the time you place your order. We will NOT collect international taxes or import fees and will be indicated as Delivered At Place (DAP). This means that the customer is responsible for all customs duties and import fees at the time your order arrives and is required by Customs. Refusal of orders at customs to be delivered back to sender will not be considered for a refund and will be subject to forfeit of the order and additional fees incurred at the expense of the sender (Dark Horse Direct).

SECTION 8 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 9 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please go to our Privacy Policy for complete information.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 13 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Dark Horse Direct, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dark Horse Direct and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Oregon, USA.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at directhelp@darkhorse.com.

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Our Returns Policy lasts for 10 business days from the date of delivery.

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