Denture Care Shop
Returns and Limited Warranty Policy
Effective Date: March 12, 2021
Last Updated: March 12, 2021
The Denture Care Shop (“DCS,” “we,” “us,” or “our”) is committed to quality products and services. This Limited Warranty and Returns Policy (“Policy”) applies to you (customer” or “you”) and all other customers who purchase DCS products and services, and by making said purchases with DCS, you acknowledge and agree to this Policy.
Returns and Limited Warranty
If you purchase a denture product from us and are not completely satisfied, you may return your denture product to DCS no later than sixty (60) days from your date of purchase, along with proof of your purchase, and we will accept your return of the product and refund the monies you paid to purchase the returned product. This is a sixty (60) day money-back guarantee with no questions asked. There is no refund for denture products returned after sixty (60) days, and if you attempt to return your denture product more than sixty (60) days after your date of purchase, we will not refund any of the monies you have paid.
If you purchase a refitted denture product from us and would like for us to make an adjustment to the denture product, you may bring your purchased refitted denture to us, once, within the first sixty (60) days, along with proof of your purchase, and we will make adjustments. You may only bring your denture product to us one time during the first sixty (60) days from the date of purchase. If you bring your purchased denture product to us more than sixty (60) days after your date of purchase, we will not make any adjustments to your product, or may choose to make an adjustment subject to an additional fee which will be communicated to you at the prior to the service.
Disclaimer of All Other Warranties
OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DCS, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR PRODUCTS OR SERVICES, INCLUDING WARRANTIES REGARDING THE RELIABILITY, QUALITY, FUNCTIONALITY, OPERATION, CONDITION, OR WORKMANSHIP OF OUR PRODUCTS OR SERVICES. IF SUCH DISCLAIMER IS NOT PERMITTED BY LAW, THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE DCS, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THEIR PRODUCTS AND SERVICES. IN NO EVENT WILL DCS OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OUR PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH OUR PRODUCTS AND SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.
You will indemnify, defend, and hold harmless DCS, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from: (i) your violation of any of the provisions of this Policy; (ii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iii) your active or passive sole, joint or several negligence of any kind or degree; (iv) any claim of product or strict liability; or (v) any claim for indemnification or contribution. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.