Terms of Use
BuyDyson.com is owned and operated by Dyson Direct Inc. and its affiliates
(collectively "Dyson"). Dyson can be reached at 600 W. Chicago Avenue, Suite 275, Chicago,
Illinois 60654. Any inquires regarding these Terms of Use must be addressed to Dyson
c/o of the office of the General Counsel.
1. The following are terms of a legal agreement between you and Dyson. By accessing, browsing and/or using BuyDyson.com ("Site"), you acknowledge that you have read, understood and agree, to be bound by these terms and conditions set out below and all other disclaimers, guidelines, policies and terms and conditions appearing on BuyDyson.com (collectively, the "Terms of Use") and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use BuyDyson.com. The Terms of Use constitute the entire agreement between you and Dyson with respect to BuyDyson.com and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Dyson. The Terms of Use are subject to change at any time without prior notice by updating this posting. By using BuyDyson.com, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
2. The material provided on BuyDyson.com is protected by law, including, but not limited to, United States Copyright Law and international treaties. All content, graphics, code and software used on or incorporated into BuyDyson.com and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Dyson and all rights thereto are specifically reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Dyson. Permission is granted to display, copy, distribute and download the materials on BuyDyson.com for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Dyson’s written permission, "mirror" any material contained on BuyDyson.com on any other server. Any unauthorized use of any material contained on BuyDyson.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Dyson Direct Inc. and dyson.com, as well as other Dyson logos, marks, trade names, page headers, graphics, buttons, images and other content on BuyDyson.com, are subject to trade mark, service mark, copyright and or other proprietary or intellectual property rights or licenses held by Dyson. Other trade marks, product names and company names or logos used on BuyDyson.com are the property of their respective owners. Except as expressly authorized, the use or misuse of any trade marks, trade names, logos, images, graphics or content from BuyDyson.com is strictly prohibited.
3. Dyson does not guarantee that the information contained in BuyDyson.com will not contain serrors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Dyson therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on BuyDyson.com at any time without prior notice and further reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.
4. BuyDyson.com, and any information or content on BuyDyson.com, are provided "as is, where is." Dyson makes no representations or warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to BuyDyson.com or content or information available on or through BuyDyson.com. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DYSON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, ARISING OUT OF OR IN CONNECTION WITH ANY USE, OR THE INABILITY TO USE, THE MATERIALS ON BuyDyson.com, EVEN IF DYSON OR A DYSON AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM BuyDyson.com RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Dyson is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or incomplete, garbled or delayed computer transmissions.
5. Dyson does not make any representations or warranties about any Web site you may access through BuyDyson.com. Any such Web site is independent from Dyson and Dyson has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Web site. A link between BuyDyson.com and another Web site does not mean that Dyson endorses that Web site.
6. Any material, information or idea you transmit to or post on BuyDyson.com by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Dyson for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. The user acknowledges the originality of any submission communicated to Dyson and accepts responsibility for its accuracy, appropriateness and legality. Notwithstanding the foregoing, all personal data provided to Dyson will be handled in accordance with Dyson Direct Inc's Privacy Policy. Please see the Privacy Policy. You are prohibited from posting or transmitting to or from BuyDyson.com any unlawful, threatening, libelous, inappropriate, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Please also see Dyson’s Policy for Reviews, Comments, Communications and Other Content below.
7. Information on BuyDyson.com includes descriptions of products and services available in the continental United States of America only. BuyDyson.com is intended for use by residents of the United States of America only and Dyson makes no representation that the content of BuyDyson.com is applicable or appropriate for use in other countries. Dyson makes no representation that materials in BuyDyson.com are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access BuyDyson.com from other locations do so on their own initiative and are responsible for compliance with applicable local laws. BuyDyson.com is controlled and operated by Dyson from its offices within the United States.
8. The Terms of Use are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If any part of the Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
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Purchasing from BuyDyson.com
1. If you wish to purchase goods from the Dyson Direct Inc. Store please follow the instructions provided in the Store section of BuyDyson.com.
2. Your electronic or telephone order is an offer to buy from Dyson. Dyson reserves the right not to accept an order at its sole discretion.
3. Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by Dyson and does not constitute acceptance of your order. Dyson reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card has been charged. If your order is declined or cancelled by after your credit card has been charged for the purchase, will promptly issue a credit to your credit card
4. Payment for the goods you order must be made by American Express, MasterCard or Visa credit card. If your payment is rejected by the card issuer your order will not be dispatched. Payment is made at your own risk.
5. The prices and availability of the goods displayed on BuyDyson.com are subject to change without notice.
6. The ownership of the ordered goods will only pass following payment in full.
7. Sales tax is charged only when the person ordering the goods is a resident of the state of Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Kansas, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Texas, Utah, Virginia, the state of Washington and Wisconsin.
8. Orders will only be accepted from and dispatched to addresses within the continental United States.
9. Dyson cannot currently deliver products to Canada or any other country outside of the United States. Vacuums can not be delivered to a PO Box address.
10. Dyson reserves the right to deny sales under any promotion it shall offer from time to time in its sole discretion.
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Reviews, Comments, Communications, and Other Content
Content
1. Dyson Direct, Inc. may occasionally allow users to BuyDyson.com to post content, which may include reviews, comments, photos, videos and other content. By posting content, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:
- is not consistent with the permissible uses outlined by these Terms and Conditions, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
- infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- constitutes commercial solicitation, political campaigning, or advertising or promotion, or any other form of unauthorized solicitation. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Dyson Direct, Inc. in its sole discretion;
- contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
- provides any non-public information about Dyson Direct, Inc. or any of its affiliates or any other company or person without the proper authorization to do so. This includes providing the names, addresses and extension numbers of employees of Dyson Direct, Inc. or any of its affiliates and other Web site users;
- intentionally interferes with the operation of BuyDyson.com, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking;
- impersonates any person or entity, including an employee of Dyson Direct, Inc. or any of its affiliated entities, or otherwise misrepresents the origin of content;
- attacks or insults another Web site user or Web site manager; or
- suggests or encourages illegal activity.
2. If you do post content or submit material, and unless Dyson Direct, Inc. indicates otherwise, you grant Dyson Direct, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Dyson Direct, Inc. and its affiliates and its and their sublicensees 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 Dyson Direct, Inc. and its affiliates for all claims resulting from content you supply. Dyson Direct, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Dyson Direct, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
Enforcement
1. Dyson Direct, Inc. generally does not pre-screen, verify or edit the content posted by users to BuyDyson.com. However, Dyson Direct, Inc. and its agents reserve the right to do so and investigate any violation of these Terms and Conditions and to take appropriate remedial action. Dyson Direct, Inc. has absolute discretion to enforce these Terms and Conditions, including, but not limited to, warning users of violations, disabling or suspending access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms and Conditions, or which is otherwise inappropriate for BuyDyson.com. Deliberate attempts by users or someone on their behalf to evade or circumvent their suspension or termination of rights to post content to BuyDyson.com violates these Terms and Conditions, constitutes an unlawful trespass to Dyson Direct, Inc.'s equipment and systems, and may result in legal action.
2. Dyson Direct, Inc. and its affiliates also may release information concerning you and the content posted by you when Dyson Direct, Inc. believes release is appropriate to comply with the law; to enforce or apply these Terms and Conditions; and to protect Dyson Direct, Inc.'s or its affiliates’ rights or property, or to protect Dyson Direct, Inc.'s users from fraudulent, abusive, or unlawful use of content posting features; or if Dyson Direct, Inc. reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records.
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Terms and conditions for BuyDyson.com Free tools included ($115 value)
- This offer is only valid while supplies last.
- This offer is only valid on purchases of eligible new Dyson Ball vacuums completed through BuyDyson.com between November 10, 2014 and January 31, 2015, while supplies last, for purchases by residents of the 50 United States and the District of Columbia and for shipping to an address in the 50 United States or in the District of Columbia.
- Free Tools includes Dyson Tool bag, Multi-angle brush, and Flat Out™ tool.
- Free shipping applies to qualifying purchases of Dyson Ball vacuums purchased through BuyDyson.com during the eligible promotional times.
- Promotional packages may be added to a qualifying purchase via BuyDyson.com up to and including Carpet cleaning kit (contains: 1 x 26.5oz Zorb pack, 1 x Zorb groomer, and 1 x 8.5fl.oz Dyzolv spot cleaner), a $49 retail value, Soft dusting brush, a $29 retail value, or Mattress tool, a $29 retail value.
- This offer is intended for end-user customers only and does not apply to purchases of Dyson Ball vacuum by distributors, resellers or retailers. This offer does not apply, and may not be used, in conjunction with any other offers, sales, rebates, coupons, or promotions and does not apply to prior purchases.
- Dyson reserves the right to withdraw, amend, or otherwise modify this offer at any time.