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Terms & Conditions

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Internally-Defined Terms:

In this Agreement, the following capitalized terms shall have the following meanings:

  • Parties means the parties to this Agreement
  • BigDawgs means BigDawgs Promotions
  • Customer means the party that has entered into this Agreement with BigDawgs
  • User Works includes all works delivered by Customer to BigDawgs pursuant to this Agreement for incorporation by BigDawgs into an item to be delivered by BigDawgs to Customer pursuant to this Agreement, including but not limited to documents, data, files, photos, videos, text, etc.

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Errors on website and marketing materials:

We not responsible for typographical errors. Product photos are for illustration only: actual product may have cosmetic differences.

Terms & Conditions of Sale

If your item is in stock it will ship within 2 business days after we receive payment. If your item is not in stock we will contact you regarding your order after which you may decide to wait for your back-order, modify your order, or cancel your order completely.

Delivery Information:

Your order will ship from our warehouse located in Toronto, Ontario, Canada. We are not responsible for any VAT, tariff, duty, taxes, handling fees, customs clearance charges, etc. required by your country for importing consumer goods.

Errors in Delivery Address:

When placing an order you are responsible for entering your complete and correct shipping address. We cannot be held responsible should and order arrive late or is "returned to sender" due to missing or incorrect address information entered by you. Should we decide to issue a refund, only the product cost is eligible for a refund and any original shipping fees and/or return shipping fees will be deducted from your refund.

General Terms:

All prices and specifications are subject to change without notice. Prices are final as of the time of an order. All products are shipped F.O.B. (Freight On Board) and become the sole property of the purchaser upon delivery to the specified shipping agent. In case of shipping damage, the customer should contact us immediately, so we can promptly file a damage claim with the carrier and expedite a replacement. Any discrepancy, including wrong items or missing items, should be reported to BIGDAWGS PROMOTIONS INC within 48 hours after receipt. By purchasing from our website, you acknowledge that you have read and agreed to all terms and conditions. All brands and product names mentioned are trademarks and/or registered trademarks of their respective holders. Product images are for representation purposes only. Actual products may have slight cosmetic differences.

Printed Products:

We endeavour to display and describe as accurately as possible the printed colors of the Goods which appear on our website, but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer’s monitor.

Items Damaged During Transit:

If you receive a damaged item, you must contact us within 7 days by email at [email protected]. If you do not contact us within this time period, your damage claim may be denied by the carrier. Customer assumes all responsibility for the damaged item before it is picked up by the corresponding carrier agents.

Return Policy:

If you are not completely satisfied with a product purchased, you may return it within 30 days of the delivery date for a refund (to your original form of payment only - card or account) or replacement if qualified (eligibility conditions listed below).  If the original form of payment is not available for any reason, a credit note will be issued for the amount of the refund. All shipping, handling, and insurance charges are additional and non-refundable. For all returns, shipping must be prepaid, insured and bearing a Return Material Authorization (RMA) number on the shipping label and/or container. Any shipping charges incurred when returning the product to BIGDAWGS PROMOTIONS INC are the responsibility of the customer. Please contact us for an RMA number, which will be required to ensure proper crediting of your account. We cannot accept returns without an RMA number. Returned products must be undamaged (no scratches), clean, and in otherwise new condition with all original materials i.e. original packaging, manuals and accessories, and must be accompanied by the original invoice.

Please allow 4-8 weeks for processing

Cancellations:

If you have placed an order, it has not yet shipped, and you wish to cancel, please forward your order confirmation to [email protected] to request cancellation. Since the cancellation process may take up to 24 hours, please note that any orders that do ship in the meantime will have to be rejected and/or returned to us. Any shipping charges incurred when returning a product to BIGDAWGS PROMOTIONS INC are the responsibility of the customer. Furthermore, if received, the package should remain unopened. Once we receive the returned order, the refund will be processed within 48 hours. Shipping charge is not refundable.

Limits and Exclusions:

There are no express warranties except as listed above. BIGDAWGS PROMOTIONS INC shall not be liable for special, incidental, consequential or punitive damages, including, without limitation, direct or indirect damages for personal injury, loss of goodwill, profits or revenue, loss of use this product or any associated equipment, cost of substitute equipment, downtime cost, or any other losses, or claims of any party dealing with buyers from such damages, resulting from the use of or inability to use this product or arising from breach of warranty or contract, negligence, or any other legal theory. In no event shall BIGDAWGS PROMOTIONS INC be liable for any incidental, indirect, special or consequential damages or liabilities (including but not limited to incidental or consequential damages for loss of time, inconvenience, loss of use of product, or any other consequential or incidental loss) in connection with the purchase, use, or operation of the product. BIGDAWGS PROMOTIONS INC is not liable for property damage, personal injury, or death. All express and implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited to the applicable warranty period set forth above.

Review / Feedback Invitations:

Some time after placing your order, you will recieve an invitation to review the products you've ordered and offer feedback of your overall experience.

Representation and Warranty:

User Works includes all works delivered by Customer to BigDawgs pursuant to this Agreement for incorporation by BigDawgs into an item to be delivered by BigDawgs to Customer pursuant to this Agreement, including but not limited to documents, data, files, photos, videos, text, etc.

Customer represents and warrants that

(i) Customer owns and controls all of the rights to the User Works or otherwise has the lawful right to deliver the User Works to BigDawgs for the purposes of this Agreement;
(ii) the content of the User Works is accurate and not misleading
(iii) the use and reproduction of the User Works by BigDawgs for the purposes of this Agreement will not violate any rights of or cause injury to any person or entity nor violate any applicable law
(iv) the User Works do not contain any message, data, files, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(v) the User Works do not provide instructions for a criminal offense or incite hatred
(vi) the User Works do not contain any viruses, corrupted data or other harmful, disruptive or destructive files

Indemnity:

Customer agrees to defend BigDawgs and the present and former directors, officers, employees, agents and other representatives of BigDawgs from and against any and all claims, demands, causes of action and proceedings (including but not limited to legal costs and fees) associated, directly or indirectly, with the incorporation by BigDawgs of the User Works into a product or the delivery of such product by BigDawgs to the Customer or any other person or entity.

Customer agrees to indemnify and hold harmless BigDawgs and the present and former directors, officers, employees, agents and other representatives of BigDawgs from and against any and all claims, demands, causes of action and proceedings (including but not limited to legal costs and fees) associated, directly or indirectly, with a breach by the Customer of the representations and warranties set out in this Agreement.

Governing Law:

This Agreement shall be governed by the laws of the Province of Ontario, Canada, without giving effect to principles of conflict of laws. The courts sitting in Ontario, Canada, shall have exclusive jurisdiction to resolve any disputes arising under this Agreement. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

Force Majeure:

BigDawgs shall not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, terrorism, power failures, internet interruption, transportation difficulties or other occurrences which are beyond the reasonable control of BigDawgs. In the event that BigDawgs is prevented or delayed in the performance of its obligations under this Agreement, for reasons beyond its control, such performance shall take place as soon thereafter as is reasonably possible.

Production Turnaround & Shipping Transit Time:

Unless otherwise expressed in writing all production turnaround times, shipping times, or any other times or dates mentioned are estimates only and are NOT guaranteed or promised commitments. BigDawgs is not responsible for delays due to weather, delivery carrier factors, customer error, holiday-related delays, international customs regulations, stock shortages, delivery delays or any other unforeseen factors.

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