Acceptance of terms of use

These Terms and other applicable conditions and notices contained herein govern your use of the DXBAY service and website. Your use of a particular DXBAY website included within the DXBAY area may also be subject to additional terms outlined elsewhere on those sites. By using, visiting, or browsing the DXBAY website(s), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the DXBAY service or website. Please note, return shipments sent to the address above will be refused. Please contact our customer support team for instructions before returning products.
These Terms of Use are an ongoing contract between you and DXBAY and apply to your use of the DXBAY service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to terms of use

DXBAY reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the links that direct you to the Terms on the DXBAY website. The most current version of the Terms will supersede all previous versions. Your use of the DXBAY website or continued use of our service after changes are made means that you agree to be bound by such changes.

Fees and cancellations

You agree to our additional Fees and Cancellations policy.

Membership & privacy policy agreement

You agree to our Membership & Privacy Policy Agreement. Any information submitted on the DXBAY website is subject to our Membership & Privacy Policy Agreement. Please review this policy to understand our practices.

Prices

We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Members should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing. DXBAY has no control over any supplier's pricing, shipping and handling charge policies and therefore cannot guarantee any item will remain any particular price for any period of time. If you have any additional concerns about pricing, please see our Lowest Wholesale Price Guarantee.

Membership and billing

You can find the specific details regarding your purchase and billing with DXBAY at anytime by clicking on the "Payment History" link within the "Orders" section located at the top of the pages of the DXBAY website; you must be "logged in" to view this section.
Free Trials
We encourage the use of our service through free trials. To view the specific details regarding your free trial, if any, click on the "Orders" link located at the top of the DXBAY website page; you must be "logged in" to view this section..
Free trials are only available to first time customers of the DXBAY service and cannot be combined with any other free trial offer. Only one free trial may be redeemed by a retailer or retailer's organization and its agents. You must have Internet access and a valid form of currently-accepted payment such as a credit card, debit card, or alternative valid form of currently accepted payment ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method may be authorized up to the term of service for which you joined. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. The day you start your trial is considered 'Day 1' of the trial, regardless of the time of day you register. Please note, DXBAY uses the Mountain Standard time zone (MST) to calculate all free trial periods.
We will begin billing your Payment Method for subscription fees corresponding to your subscription program on a yearly or monthly basis plus any applicable tax at the end of your free trial period unless you cancel prior to the end of your free trial. You may not receive a notice from us that your free trial has ended or that your paying subscription has begun. For subscriptions, we will continue to bill your Payment Method on a monthly or yearly basis for your subscription program until you cancel. You may cancel your subscription at anytime. We offer a number of subscription programs, including special promotional programs with differing pricing, length of subscription terms, and bundles. Some of these promotions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription programs.
If you are contacted by a sales agent within your free trial and agree to a charge for a promotional membership, your free trial is void the moment you accept the charge.
Billing
By using the DXBAY service, you are expressly agreeing that we are permitted to bill you a recurring monthly or yearly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the DXBAY service. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly or yearly renewal thereafter unless and until you cancel your membership. We will automatically bill or attempt to bill your Payment Method each month or year on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill or attempt to bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed or attempted to be billed on February 28th. All fees and charges are nonrefundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e mail or to your account upon login. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "My Account" button, available at the top of the pages of the DXBAY website. If your Payment Method reaches its expiration date, your continued access of the service constitutes your authorization for us to continue billing that Payment Method. If DXBAY attempts to bill your Payment Method and does so unsuccessfully, you grant DXBAY the right to attempt to process and bill your Payment Method for up to 180 days as well as bill your Payment Method for any unsuccessful accruing billings during such time.
Automatic Renewals
Your DXBAY subscription will be automatically renewed on a monthly or yearly basis. For your convenience, we will bill the monthly or annual subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your membership will automatically renew for successive monthly or yearly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month or year in order to avoid billing of the next month's/year's subscription fees to your Payment Method. You are not eligible to receive refunds once your Payment Method has been billed.
Cancellation
You may cancel your subscription to send an email to support[#]dxbay.com. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH or YEAR SUBSCRIPTION PERIODS. We reserve the right to terminate your account for any or no reason.

Electronic communications

By using the DXBAY service, you consent to receiving electronic, phone, and mail communications from DXBAY. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with DXBAY and you are entitled to receive them as part of the DXBAY subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Service testing

From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.

Use of information submitted

DXBAY is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to DXBAY, including, without limitation, responses to questionnaires or through postings to the DXBAY website without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the DXBAY website or other websites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Intellectual property

Copyright
All content included on the DXBAY website and delivered to subscribers as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of DXBAY, Inc., or its suppliers and protected by Hong Kong and international copyright laws. The compilation of all content on this site is the exclusive property of DXBAY, Inc.,and protected by Hong Kong and international copyright laws. Content should not be reproduced or used without express written permission from DXBAY, Inc., or its suppliers. DXBAY reserves the right to terminate your membership hereunder if DXBAY, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content.
Trademarks
DXBAY is a registered trademark of DXBAY, Inc. DXBAY.com, and other marks indicated on our site are trademarks of DXBAY, Inc. All DXBAY graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of DXBAY, Inc. DXBAY's trademarks and trade dress may not be used in connection with any product or service that is not DXBAY's, in any manner that is likely to cause confusion among customers, in any manner that dilutes DXBAY's rights, or in any manner that disparages or discredits DXBAY. All other trademarks not owned by DXBAY that appear on the DXBAY website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DXBAY. Any images of persons or personalities contained on the DXBAY website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Account access & identity protection.

In order to provide you with ease of access to your account, DXBAY will place a cookie (a small text file) on any computer from which you access the DXBAY website. When you revisit the DXBAY website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the DXBAY website.
If you find that you're a victim of identity theft and it involves a DXBAY account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. DXBAY reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. DXBAY is not obligated to credit or discount a membership for holds placed on the account by either a representative of DXBAY or by the automated processes of DXBAY.

Payment obligations

The Member understands that a valid form of payment must accompany all orders.

Warranty

All warranties for products purchased through DXBAY are the responsibility of the respective manufacturers and their agents. All issues, claims and questions concerning product warranties should be submitted directly to the manufacturers. In the event that the product is a health related device or nutritional supplement, all information contained on the website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. The information on the DXBAY website, or information provided by the manufacturers of the products, or information on product packaging or labels is not meant to be a substitute for the advice of a physician or other medical professional and should not be used for prescribing a medication or diagnosing a health problem. Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Copyrights

DXBAY and its supplier and distribution partners reserve ownership and copyright to all materials published by DXBAY. Reproductions and alterations of individual product images and descriptions may be used for marketing & reselling purposes. You must receive written consent from DXBAY for any other use or any modification of product images and other copyrighted materials. DXBAY allows its members to resell the products we have from our suppliers.

Products

DXBAY diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, DXBAY makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. Both the product and manufacturer names are used only for the purpose of identification. Members are responsible for making sure the product information is correct prior to selling any products from this site with the product's respective Manufacturers.

Data Export

DXBAY diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, DXBAY makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. In addition, due to size, volume of requests and resource constraints; Data Exports, at times, may be delayed or contain data older then what is displayed on the website.

Reselling

Manufacturer may require strict adherence and how their intellectual property is advertised. As such, some products may only be advertised at a Minimum Advertised Price (referred to herein as MAP). For all products under a MAP agreement, we will provide two prices: the wholesale cost and MAP. As a reseller, you agree to never advertise any products protected by a MAP agreement to end consumers for less than the MAP price. Products with a MAP will be clearly marked with an asterisk. Under no circumstances shall DXBAY or any other party involved in creating, distributing, or supplying products for DXBAY be liable for any direct, indirect, incidental, special, or consequential damages that result from, products purchased from DXBAY. It is the reseller's responsibility to verify with the manufacturer, any product information, images and descriptions prior to marketing any and all products. Product images are subject to change at anytime and are not to be construed as exact representations of any products ordered since the manufacturers can change their products at any time without any notice.
Members are not allowed to repackage, reproduce, or otherwise resell DXBAY memberships, technology, and/or data without express written consent from DXBAY. Also, bulk downloading or "screenscraping" of data from the DXBAY website or subsidiary websites is prohibited without prior express written permission. Violation will result in the account being canceled and depending on the severity of the violation, we reserve the right to press criminal charges and/or seek civil compensation for damages, expenses, and revenues lost.

Contacting DXBAY Suppliers

DXBAY provides access to information about suppliers including but not limited to, trade name, brand(s), and product specifications, pricing and availability. DXBAY's agreement with the supplier may restrict DXBAY members from contacting the supplier directly. At DXBAY's sole discretion, your account may be canceled, without refund, if the member attempts to contact and establish a direct relationship with DXBAY's suppliers. DXBAY will make every attempt, within reason, to accommodate a member request for additional products, pricing, or services for a supplier on behalf of the member.

Shipping and handling

DXBAY and its distributors/suppliers reserve the right to restrict shipments to within the Continental U.S. All orders must be placed with a residential ship-to address. Orders with P.O. Box, APO, or FPO shipping addresses will not be processed. Any orders with shipping addresses outside the Continental U.S. will not be processed. Individual suppliers may have additional shipping restrictions. However, in no way does the absence of a specific shipping policy by a supplier imply that the supplier offers any of the above mentioned services.

Shipping and handling charges

You are responsible to pay the shipping and handling charges for all products purchased from DXBAY. You are responsible for these charges for shipments that are refused or returned for any reason. We are not responsible for incidental or consequential damages or losses to defective products, errors in shipping your order, or other errors. The limit of our liability is the replacement cost of any item you purchase from us. ANY ODD SIZED OR EXCESSIVE WEIGHTED ITEMS MAY REQUIRE A CUSTOM SHIPPING COST CALCULATION FROM DXBAY. ON THESE OCCASIONS, THE ORDERS WILL NOT SHIP UNTIL YOU HAVE APPROVED THE CUSTOM SHIPPING COST. Depending on information provided by the supplier, DXBAY may publish the shipping weights of items. The publication, or absence of, shipping weights can not be used to determine ship cost and/or your financial obligation. The 'Ship Cost' provided on every product page and in the shopping cart should solely be used for determining the ship cost.

Order placement

DXBAY is not responsible for loss, or damages as a result of misplaced, mis-ordered or other typographical errors that occur during order placement. The members has sole responsibility for verifying the accuracy of the order, including actual item, pricing, shipping, and/or handling, prior to order submission. Order placement means (single, batch or API) does not change member responsibility and subsequent financial responsibility.
Once an order is placed, it cannot be changed in any way. However, under certain circumstances, orders can be canceled and/or modified. If the Member contacts DXBAY's customer service department using the online form as soon as possible with a change request, it may be occasionally possible to amend the order. DXBAY is not responsible for any loss, or damages that are a result of a change request occurring after the order has been placed.

Order returns

Each one of DXBAY's suppliers has a different return policy. Members are responsible for becoming familiar with and abiding by the policies and procedures of each supplier for returning products ordered. Failure to do so may result in a rejected return.

Fraud Protection

As a pioneering leader in the drop shipping industry, DXBAY is proud to be the first and only company to offer fraud protection for drop shipping. As a DXBAY member, you automatically receive this service at no additional cost.

Taxes

As a client of DXBAY, you understand that you are absolutely independent entity from DXBAY. You are responsible to pay taxes to state, federal or local authorities in accordance with any and all applicable laws. This tax responsibility includes collecting and remitting all appropriate sales taxes to state and local authorities.

Relationship between DXBAY and the reseller (you)

Resellers are independent contractors of DXBAY and are not considered employees of DXBAY. Resellers are prohibited from making any unauthorized claims by the manufacturer, or claims that are illegal in any state. Resellers do not have the right to bind DXBAY in any contract related to the business of the reseller. Reseller affirms that reseller is of legal adult age in the state in which reseller resides.

Age

The visitor/member, by signing the Sign up Form, hereby represents that they are of the legal age of the state in which they reside.

Products sales & venue disclaimer

Although all the suppliers DXBAY works with are authorized distributors of the products they sell, and DXBAY is authorized to act as a venue to supply said products, this does indicate that all items are suitable for resale under any particular circumstance or venue. DXBAY acts only as a venue to provide access to wholesale product distributors.
It is the member's responsibility to ascertain any particular product's suitability for sale in any given venue that the customer chooses to sell through, whether this is through an online store, online auctions, or any other venue. Members are responsible to discover and comply with any specific manufacturer policies or MAP (minimum advertised price) restrictions.
It is also the member's responsibility as a businessperson to ascertain the legal implications of selling items that may be prohibited, by law or otherwise, in certain regions or venues.
For anyone who plans to sell items through online auctions, it is recommended that you review the terms and conditions of the online auction, as well as check to be sure any product you hope to sell is not prohibited by the online auction. eBay sellers can review eBay's list of prohibited and otherwise restricted items .
Please note, some items which are prohibited are not necessarily against the law to sell, but are simply items that eBay has decided to prohibit based on their own decision. DXBAY has no control over what is and isn't legal in any venue or region and is not responsible for the sale of any product through our services.

Legal recourse

You and DXBAY agree that the laws of the State of Utah and Utah County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and DXBAY relating in any way to the DXBAY service or website or these Terms. You and DXBAY expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney's fees and court costs.

Limitations on use

You must be 18 years of age or older to subscribe to the DXBAY service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified we grant you a limited license to access the DXBAY website. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the DXBAY website without our express written consent. Any unauthorized use of the DXBAY website or its contents will terminate the limited license granted by us.

Confidentiality

Reseller understands that all information provided by DXBAY is confidential and proprietary to DXBAY and must be used by reseller according to the terms of this agreement. Reseller agrees to not provide any confidential or proprietary information received from DXBAY to any business entity that may compete with DXBAY. Any violation of confidentiality is grounds for immediate termination.

Amendments

DXBAY reserves the right to make amendments to this agreement at any time. Amendments may be the result of changes in economic, legal, or other factors that affect the business of DXBAY.

Product export

Due to the nature of the product export no refunds will be granted for this service.

Payment

It is the Member's responsibility to obtain payment or assurance of payment from their individual customers before ordering with DXBAY. DXBAY strongly recommends obtaining proper address verification systems (AVS) for credit card purchases and making sure all checks are deposited and cleared before placing the order with DXBAY. Orders placed with DXBAY are very difficult to cancel, and are subject to any restocking fees. All payment shall be made via credit card payment, U.S. Verified Pay Pal payment, or wire transfer for product orders. DXBAY reserves the right to restrict payment to wire transfer for orders over $1,500 dollars or any other order deemed to have high fraud risk. All membership payment shall be made via major credit cards backed by U.S. banks only. DXBAY will accept no other payment form than those here listed.

Severability

If one or more of the provisions of the policies and procedures in this user agreement are deemed void by law in a court of competent jurisdiction, the balance of the policies and procedures' remaining provisions, or any provision in the DXBAY manual, shall continue in full force and effect.

Website information

While merchant.dxbay.com (hereafter the "Website") and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the Member is responsible for reading and understanding all information contained on the Website. DXBAY is not responsible for any inconvenience, loss of profit, or other complication that the Member, his or her business, or his or her customers may experience as a result of the Member's failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Member to contact and question DXBAY's customer service representatives regarding any portion of the Website that they have read but do not understand. DXBAY News
In addition to all information contained on the Website, the Member is accountable for any and all new information added to the Website at any time in the future.
Last updated on December 05, 2011.