DME Delivers, LLC. (“MALLSYSTEM”) owns and operate this Website (“Website”). This document governs your relationship with MALLSYSTEM. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by MALLSYSTEM. MALLSYSTEM has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Our privacy policy, which sets out how we will use your information, can be found at
mallsystem.com/bullgator/terms/privacy/.
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and MALLSYSTEM may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of MALLSYSTEM, their respective licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by MALLSYSTEM, and their respective licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. All feedback, suggestions, and comments you provide to MALLSYSTEM are non-confidential and non-propriety, and MALLSYSTEM may use such feedback, suggestions or comments without any obligation to compensate you.
By placing an order you are offering to purchase a product on and subject to the following terms and conditions.
All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting
from postal delays or force majeure for which we will not be responsible.
Except as otherwise set forth herein, products cannot be returned or exchanged.
In order to transact with MALLSYSTEM you must be over 18 years of age. MALLSYSTEM retain the right to refuse any transaction made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
While we try and ensure that all details, descriptions and prices which appear
on this Website are accurate, errors may occur.
If we discover an error in the price of any goods which you have ordered we will inform you of this as soon
as possible and give you the option of reconfirming your order at the correct price or cancelling it.
If we are unable to contact you we will treat the order as cancelled.
If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional
charges are clearly displayed where applicable and included in the 'Total Cost'.
Except as otherwise set forth herein, the risk of loss for and title to products purchased
on the Website or Services passes to the purchaser upon delivery to the carrier.
If a product is lost or damaged during shipping, MALLSYSTEM has the option to replace the product in its sole and absolute discretion.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
This information will be provided in the checkout process. MALLSYSTEM will not ship internationally for this promotion. Allow 4-6 weeks for delivery.
Products are manufactured to order and thus due to the uniqueness of the product, products cannot be returned. However, if a product is lost or damaged during shipping, MALLSYSTEM has the option to replace the product in its sole and absolute discretion. To request a replacement for a lost or damaged product, contact us at csr@mallsystem.com or call 888.412.0813 between 9am-5pm EST.
The material displayed on this Website is provided “AS-IS” and without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law MALLSYSTEM, and their respective suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect MALLSYSTEM's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with MALLSYSTEM and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to MALLSYSTEM.
You agree to indemnify, defend and hold harmless MALLSYSTEM, and their respective directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
MALLSYSTEM shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
All matters relating to the Website and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, the Website shall be instituted exclusively in the federal courts of the United States in Minnesota or the courts of the State of Minnesota. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Notice for CA users:
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
If you have a question or complaint regarding the Services, please send an email to csr@mallsystem.com.
You may also contact us by writing to 2441 Bellevue Avenue, Daytona Beach, FL 32114, or by calling us at 888.412.0813.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by mail at 1625 North Market Blvd. Sacramento, CA 95834,
or by telephone at (916) 445-1254 or (800) 952-5210.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and MALLSYSTEM. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of MALLSYSTEM.