TERMS OF SALE
Last Updated: August 10, 2017
Nothing on this site constitutes an offer, but an invitation by you to make an offer to purchase products through the site. All orders are subject to acceptance by Denali. Resale of products or services purchased through this site is expressly prohibited. In addition, there may be certain orders that we cannot accept and must cancel. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including without limitation the following:
• Limitations on our ability to accept orders for shipment to addresses outside the United States
• Limitations on quantities available for purchase
• Inaccuracies or errors in product descriptions, images, or pricing information
• Problems identified by credit and fraud avoidance services
We may also require additional verifications, approvals or other information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. An order is deemed accepted when Denali ships the products ordered, and Denali will charge your credit or debit card upon such shipment.
Payment must be made by credit or debit card. Payment by credit or debit card is subject to the approval of the card issuer, and Denali will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. We may also have enabled payment through PayPal, which is subject to all PayPal terms and conditions and Amazon payments, which is subject to all Amazon terms and conditions.
If you have second thoughts about your order and wish to cancel you may do so at any time before the order is shipped. Once the order has been shipped we will be unable to cancel the order. However, if we cannot cancel the order and you decide you no longer want the item or want a different item, you may return the item for a full refund.
If you wish to cancel an order, please call or email our Customer Service Department at firstname.lastname@example.org to see whether we can change, cancel or correct the order before it ships.
Denali does not make any warranty with respect to the items available for purchase via the site. To the extent any items have warranties from their third party manufacturers, Denali will use commercially reasonable efforts to assist you in receiving such warranty from the manufacturer.
THE FOREGOING WARRANTY IS THE ENTIRE AND EXCLUSIVE WARRANTY REGARDING THE ANY ITEMS AVAILABLE ON THE SITE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER. EXCEPT AS PROVIDED HEREIN, DENALI MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ITEMS BEING SOLD, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DENALI, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY, AND NO SUCH PERSONS HAVE AUTHORITY TO MODIFY ANY ASPECT OF ANY WARRANTY OR CREATE ANY OTHER WARRANTIES.
If you receive products from Denali that you would like to return, please call or email our customer service department at email@example.com, or alternatively, please visit the Denali Home website at www.denalihome.com, log into your account and select the option to request a return and receive a return authorization. You have up to 1 year to return a product in its original condition. Please have your invoice number available when requesting a return authorization. Denali, at its expense, will arrange for return shipping of an item provided the request for a return is in accordance with these Terms.
If we are able to process your return in accordance with our Return Policy, credit will be issued back to your credit card (or PayPal or Amazon account if applicable) within 2-4 weeks.
Returns will be processed and authorized for any products returned as a result of a recall or defective products and defective products will be replaced or repaired, depending on the manufacturer’s policy.
SHIPPING AND HANDLING; TAXES
Sales, use and similar taxes will be charged to you by Denali to the extent required by law.
Standard shipping on orders is free. Shipping costs for orders for expedited shipping is your responsibility.
TITLE AND RISK OF LOSS
Title to products will pass to you when you receive the products, unless such products contain any embedded software. Use of any embedded software may be subject to license restrictions imposed by the owner and licensor of such software and title to any embedded software within any product remains with the owner and licensor of such software. Denali will bear the risk of loss or damage to the products during shipment to you.
If your order is incomplete upon delivery, please notify us immediately. Any claims for order shortages must be submitted to Denali within five business days of your receipt of the shipment.
Effective Date: August 10, 2017
POLICY MODIFICATIONS AND AMENDMENTS
We reserve the right to modify or amend these Terms at any time. All changes will be effective immediately upon posting to this website. Material changes will be conspicuously posted on this website. By accessing or using this website after such changes are posted you agree and consent to all such changes. Online modifications and amendments supersede any printed version/copy of these policies, terms and conditions.
We grant visitors permission to download and print information from this website and otherwise use this website solely for their internal or personal use. Other uses, copying, modifying, mirroring, framing, distributing, publishing, republishing, or transmitting of any content or materials is prohibited without our written permission.
Information and content displayed on this website, including product availability and prices, may change without notice. We reserve the right to modify such information and content without any obligation to notify past or current users. We make no representations that the information or content are appropriate or available for use or access in any particular state or country besides the United States. When accessing this website you are solely responsible for compliance with the laws of the state or country in which you live.
All offers on this website are void where prohibited. Some products or services may not be available in certain areas.
If you make a purchase from us, you will have the option to set up an account to access certain information about your use of this website (“Account”), such as your order history. You acknowledge and agree that you do not have any ownership or other property interest in your Account. Your Account and all rights in your Account are owned by Denali. However, subject to your compliance with these terms, you are allowed to use your Account as set forth in these Terms. You may not sell, transfer, license or assign your Account, username, or any Account rights to anyone.
You are responsible for any activity that occurs through your Account. You are solely responsible for all transactions and activities undertaken by anyone utilizing your Account. This includes any and all purchases, authorized or unauthorized.
You are responsible for keeping your password secret and secure and must immediately notify Denali of any suspected unauthorized transactions associated with your Account or any other breach of security.
INTELLECTUAL PROPERTY RIGHTS
Copyright 2015 Denali Sales Group, LLC. All rights reserved.
All content on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, and the compilation of such content is the property of Denali or our suppliers and is protected by United States and international copyright laws.
The graphics, logos, page headers, button icons and service names appearing on this website are also distinctive and protected trademarks or trade dress of Denali or our affiliates. This website may also contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of Denali’s marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
Denali will provide you with the opportunity to post comments and product reviews on the website. All users of this website must follow the below guidelines and rules, as well as any additional terms posted as applicable to such forums:
1. You must maintain a polite, pleasant environment. You may not submit content to harass, abuse, intimidate or threaten others.
2. You must ensure that all content is appropriate. Any content that is defamatory, pornographic, obscene, or otherwise objectionable is prohibited.
3. You may not send any commercial solicitations, or engage in, facilitate or encourage any illegal activities.
4. Your content must be original to you or you must otherwise have the right and license to use and submit your content.
5. You may not submit content that interferes with or disrupts the website, such as by engaging in excessive usage, launching denial of service attacks, or uploading or transmitting viruses or other malicious code.
You and other users of the Denali interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before posting any personal information on this website.
Although Denali is not obligated to monitor content or the accuracy of information, you agree that Denali, in its sole discretion, has the right to monitor, without notice, any content or information posted on this website. Denali also reserves the right, in its sole and absolute discretion, to prohibit any conduct or remove any content, without notice, for any reason.
You understand and agree that: (1) Denali assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the website by you or by any other users or third parties and (2) Denali is a publisher of any submitted content, and is acting solely as an Internet Service Provider as that term is defined in the Digital Millennium Copyright Act.
Denali respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide Denali the following information, in the form prescribed by Section 512 of Title 17, United States Code:
1. a description of the copyrighted work or works that you claim have been infringed;
2. a description of the allegedly infringing material, including its location on the site;
3. your address, telephone number, and e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Denali's Copyright Agent for notice of claims of copyright infringement on its site is:
Quarles and Brady LP
NO WEBSITE WARRANTY
THIS WEBSITE IS PROVIDED BY DENALI ON AN “AS IS” BASIS. NO WARRANTY IS OFFERED OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIS WEBSITE, AND TO ANY INFORMATION AVAILABLE ON THIS WEBSITE. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THIS WEBSITE, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THIS WEBSITE, OR THAT ANY INFORMATION WILL MEET ANY OF YOUR REQUIREMENTS. WE MAKE NO WARRANTY THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS.
You acknowledge and agree that your use of this website and any information or content available through the website is at your discretion and risk. You are solely responsible for any damage to your computer system or loss of data that may result from your use of the Internet or your access or use of the website.
No advice or information, whether written or oral, obtained from us or from this website creates any warranty.
IN NO EVENT WILL DENALI OR ANY OF ITS OFFICERS, AFFILIATES, DIRECTORS, ADVISORS, MEMBERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES: (1) FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION; OR (2) ARISING OUT OF OR IN ANY WAY RELATED TO A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED SITE, B) ANY INFORMATION OBTAINED THROUGH THIS WEBSITE, C) FOR THE INABILITY TO USE THE WEBSITE, OR D) OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE. THIS LIMITATION APPLIES WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend and hold harmless Denali, our affiliates, and their respective officers, directors, advisors, members, representatives, and agents from any and all losses, expenses, third-party claims, liability, damages, costs, and attorneys’ fees arising from or incurred as a result of your misuse of this website, or the violation of this Agreement, including without limitation, your infringement of any intellectual property or other right or policy of any person or Denali.
We are not responsible for, and have no control over, the contents of any sites linked to, referenced by, or accessible from this website, or any website that links to this website. Any links or references are provided for your convenience, and are not intended as an endorsement by Denali or a warranty of any type regarding any sites or the products, services, information or materials on any sites. Your linking to or otherwise visiting any other site is at your own risk, and we accept no liability for the contents, accuracy or currency of any other site. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of or browsing in this or any other site.
INTERPRETATION & DISPUTES
This Agreement is governed by the laws of the United States and the State of Wisconsin without regard to any conflict of laws provisions. In the event of any dispute the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs. Any claim, dispute, or controversy arising from or relating to the Site or this Agreement (or any prior agreement between you and us with respect to the Site), or the relationships which result from this Agreement (whether a tort or statutory claim, or a claim seeking monetary, equitable, or other relief) (“Claim(s)”), will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum (“NAF”), under the Code of Procedure (“Code”) of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any such arbitration will take place at a location within the United States federal judicial district in which you reside and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. Notwithstanding the foregoing, Denali may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Site or systems, without the posting of a bond, proof of damages, or other similar requirement.
The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.
This is the website of Denali Sales Group LLC
Our postal address is:
1725 East Delavan Drive
Janesville, WI 53546
We can be reached via e-mail at firstname.lastname@example.org or you can reach us by telephone at 1-877-BLANKETS