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VERSION DATE: July 1, 2010

DalPay Retail Purchase Terms

Thank you for shopping at DalPay Retail's online shopping centre. "You", "you", "your" and "yourself" refer to each individual or body corporate that purchases goods and/or services ("Products") from DalPay Retail's online shopping centre located at www.dalpay.is and other locations from time to time ("Website"). DalPay Retail processes its payments through its merchant service providers such as DalPay Internet Billing (dalpay.com).

DalPay Retail is a service of Snorrason Holdings ehf, an Icelandic corporation with headquarters in Dalvík, Iceland. DalPay Retail contracts with businesses ("DalPay Retail Suppliers", or "Suppliers") to sell their Products to DalPay Retail for immediate resale to customers.

Although we are an online retailer, and do not take orders over the telephone, if you have a question regarding an order you have placed, or are attempting to place, you may contact us as per our "Contact Us" page which includes a toll free telephone number for this purpose.

THESE PURCHASE TERMS AND CONDITIONS ("PURCHASE TERMS") APPLY TO ALL OF YOUR ONLINE PURCHASES FROM THE WEBSITE INCLUDING PRODUCTS AND SERVICES SOURCED FROM OUR SUPPLIERS AND CONSTITUTE THE ENTIRE AGREEMENT BETWEEN SNORRASON HOLDINGS EHF DBA "DALPAY RETAIL" AND YOU.

If supplemental terms for Shipping and Delivery, and/or Refunds and Returns are offered by a specific Supplier in addition to these general Purchase Terms, such supplemental terms are incorporated herein by reference. Such supplemental terms will be listed above these general Purchase Terms during checkout with DalPay Retail (as well as being viewable during checkout from the Shipping & Delivery Policy and Refund Policy links). In the case of a contradiction between our general Purchase Terms and a Supplier's supplemental terms, the general Purchase Terms shall control.

These Purchase Terms may NOT be altered, supplemented, or amended by you including by the addition of supplementary document(s) without our consent. Any attempt by you to alter, supplement or amend this document will be rendered null and void, unless such changes are otherwise agreed to in a separate and explicit written agreement signed by both you and DalPay Retail.

Your purchase is subject to the terms of Icelandic Act No 46/2000 on Door-to-Door Sales and Distance Contracts (incorporating the relevant provisions of Directive 97/7/EC).

ACCEPTANCE AND CONSENT REGARDING PERSONAL INFORMATION

BY PURCHASING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY AND ACCEPT THESE PURCHASE TERMS. FURTHER, YOU EXPRESSLY CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN THE MANNER AS DESCRIBED IN OUR CURRENT PRIVACY POLICY AND IN THESE PURCHASE TERMS.

PRODUCT DESCRIPTIONS AND REMEDY

DalPay Retail Suppliers are responsible for writing the product descriptions of their respective Products. DalPay Retail does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a Product you purchased from DalPay Retail is not as described, your sole remedy is to return the Product in unused condition (see the Shipping & Delivery Policy and Cancellation, Refund and Return Policy sections below).

If you have any other questions regarding a purchase or if you do not recognize a charge on your credit card or bank statement, or you feel a charge has been made in error, please contact us as per our "Contact Us" page on the Website which includes a toll free telephone number for this purpose.

PRICING

DalPay Retail's Suppliers provide DalPay Retail with a suggested retail price for Products. DalPay Retail as the reseller makes the final determination as to the price for which the Product will be sold. This price may be different than the suggested price of the Supplier.

TAX

If applicable, a separate line item for taxes will be shown on your online order form.

PAYMENT METHODS

The current payment methods available are: credit cards from Visa, MasterCard, American Express, JCB, or Diners Club; and debit cards with the Visa, MasterCard, American Express, JCB, or China UnionPay logo. Certain payment methods may be unavailable from time to time due to circumstances outside of DalPay Retail's control. Orders are processed only after a billing address, and other billing information, including phone number and e-mail address, are verified.

DalPay Retail may for certain purchases attempt to contact the cardholder at their listed telephone number, or require an authorization form to be signed and faxed, or otherwise sent securely, to our Risk Department. In cases where we are unable to contact the cardholder and confirm the order was placed by the cardholder we reserve the right to refund orders without notice.

All card details submitted as part of the Secure Socket Layer-secured checkout process are subject to an approval/screening process that is designed to identify any prior misuse, or abuse on the part of a purchasing customer in prior use of their card.

Under our rights of freedom of association we reserve the right to decline or refund an order from any credit or debit card number that has been subject to any prior inquiry (retrieval/copy request), refund, chargeback, or any other claim representing an outstanding loss to us, other merchants of our merchant service providers, or merchants who are members of the global anti-fraud networks to which we, or our merchant service providers, belong.

CONTACT BY E-MAIL OR TEXT CHAT

DalPay Retail will contact you using the e-mail address given during checkout with DalPay Retail. We will send you an order confirmation e-mail from robot@dalpay.is and may also contact you regarding issues with your order from support@dalpay.is.

PLEASE WHITELIST THESE E-MAIL ADDRESSES IN YOUR E-MAIL CLIENT TO ENSURE TIMELY RECEIPT OF SUCH COMMUNICATIONS. IF YOU DID NOT RECEIVE THE E-MAIL CONFIRMATION FROM ROBOT@DALPAY.IS CONTAINING YOUR DALPAY RETAIL ORDER NUMBER AND OTHER DETAILS, YOU MUST CONTACT THE SUPPLIER OR DALPAY RETAIL WITHIN EIGHT (8) DAYS OR YOUR ORDER MAY BE CANCELLED AUTOMATICALLY. 

By providing your e-mail or instant messaging username to us as part of the checkout process and by clicking the 'Continue' (or other button) to confirm your acceptance of these Purchase Terms, you consent to receive the confirmation e-mail, and future communications from DalPay Retail regarding your order. You also consent to receive occasional updates about DalPay's services.

If you tried to buy from us, and accepted these Purchase Terms, but did not complete the checkout process resulting in a successful charge to your card, we may contact you to offer assistance, or to advise you of how to complete your order, including via a recharge e-mail from robot@dalpay.is.

You must NOT send us, or the Supplier, full credit cards numbers, or CSC codes by email, support ticket, or instant messenger conversation.

DUPLICATE ORDERS

DalPay Retail reserves the right to refund without notice, duplicate orders placed on the same day by the same cardholder. A duplicate order is deemed to be any order of the same final price (including tax or other charges) as an existing order placed with DalPay Retail on the same day, regardless of having been placed with the same Supplier, or a different Supplier.

CURRENCY OF CHARGE

The currency shown at checkout may be indicative only. Charges are generally made to your card in one of USD (United States Dollars), EUR (Euros), or GBP (British Pounds). Where the Supplier has chosen an indicative currency at checkout for your convenience, this amount will be converted into the charge currency at a rate favourable to the cardholder as established using the daily exchange rate of our foreign exchange partners such as OANDA.com.

CARD ISSUER INTERNATIONAL SERVICE FEE

Certain card issuing banks may charge an "International Service Fee" regardless of whether or not a currency conversion is involved. This will appear on your card statement as a separate line item, such as "INTL Service Fee", "International Transaction Fee", "International Service Fee", "Foreign Transaction Fee", "Foreign Merchant Fee", "Foreign Transaction Charge", "Cross-border Assessment", or "International Service Assessment".

It is important to note that even if DalPay Retail made the charge in the currency of your country and card account (such as USD, EUR, or GBP) your issuing bank may still charge you this fee. This additional charge is NOT made by DalPay Retail or its acquiring banks, but is made entirely at the discretion of your card issuing bank.

SHIPPING AND DELIVERY POLICY

Separate charges for shipping and handling may apply. Such charges will be shown as a line item on your order form at checkout. DalPay Retail Suppliers choose the method of delivery, so delivery options will vary.

All tangible goods are usually shipped within thirty (30) days to the shipping address as listed by the customer in the DalPay Retail order form at checkout.

For the exact timeframe for delivery of goods/services, please refer to the shipping and delivery policy on the Supplier's website which is incorporated herein by reference. During checkout the Supplier's shipping and delivery policy is viewable during checkout from the Shipping & Delivery Policy link. The Supplier will notify you of any changes to availability, or delays in shipping.

Should you encounter any difficulties with delivery of your order in the first instance you should contact the Supplier's support service through the Supplier's website. If you are dissatisfied with the response from a Supplier, please contact us by opening a ticket within the DalPay ticket system. We also offer a toll free telephone number, the Customer Order Hotline for order inquiries. To raise a DalPay support ticket, or for our toll free numbers, refer to the "Contact Us" page on the Website.

RISK OF LOSS

All shipments of Products purchased from DalPay Retail are achieved by direct shipment from the Supplier in accordance with the Supplier's shipping contract. Unless otherwise specifically stated by the Supplier, this means that the risk of loss and title for such Products pass to you upon delivery of the Product to the carrier by the Supplier.

CANCELLATION, REFUND AND RETURN POLICY

Cancellations are accepted within twenty-four (24) hours from placing of the order provided that the order has not already been shipped or delivered by the Supplier.

Refund and cancellation policies beyond our 24 hour cancellation policy may vary from Supplier to Supplier depending on the goods and/or services supplied, and such terms are incorporated herein by reference.

A restocking fee may be charged in the case of returns according to each Supplier's refund and return policy. Refunds (minus any restocking fee as applicable) can only be made to the same card number that was used to place the original order.

If you need to cancel your order, in the first instance you should contact the Supplier through the DalPay ticket system, or through the Supplier's website as shown in the DalPay Retail confirmation e-mail from robot@dalpay.is.

To read the details of a Supplier's Return Policy please refer to the Supplier's website. Each Supplier's refund and returns policy is viewable during checkout from the Refund Policy link.

Should you encounter any difficulties with returns or cancellation of your order please contact us as per our "Contact Us" page on the Website which includes a toll free telephone number for this purpose.

(Please have your DalPay Retail order number (in xxxxxx.yyyyyyy format, i.e. 999994.1234567) and other details ready, which you will find in the order confirmation e-mail you will have received from robot@dalpay.is after you completed the checkout process.)

RECURRING BILLING

If you elected to be rebilled automatically for a subscription-based service under a continuity plan, you will be notified by e-mail at the time of the rebilling. You many login to your transaction at any time to deactivate a future rebilling, or update the card details to be used for the rebilling. DalPay Retail does not perform rebilling for unsolicited goods or services under pre-notification negative option plans. Where a free trial period is provided, you will generally be given at least ten (10) days between acceptance of the offer and first rebilling.

RESALE

DalPay Retail sells the Products of its Suppliers to customers for non-commercial use. Unless specifically stated otherwise with regard to a particular Product, you may not resell the Product.

LIMITED WARRANTY AND DISCLAIMER

DalPay Retail Suppliers may provide a limited warranty for Products sold by DalPay Retail. To the extent allowed by the Supplier, DalPay Retail will assign the limited warranty to you.

DALPAY RETAIL PROVIDES NO SEPARATE WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DALPAY RETAIL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING ANY PRODUCTS SOLD TO YOU, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

LIMITATIONS OF LIABILITY

DALPAY RETAIL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. DALPAY RETAIL WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS (OR SERVICES BUNDLED WITH THE PRODUCTS), WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, DALPAY RETAIL SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.

INDEMNIFICATION

You agree to defend and indemnify DalPay Retail and its employees and Suppliers from any claim or demand, including attorney's fees, arising from your failure to comply with these Purchase Terms, your violation of any law, or violation of the rights of a third party.

JURISDICTION, VENUE, STATUTE OF LIMITATIONS

These Purchase Terms shall be governed by the laws of the Republic of Iceland, without reference to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to this Website, the Purchase Terms, or the Services of DalPay Retail shall be filed exclusively in the courts of the Republic of Iceland, and you hereby consent and submit to the personal jurisdiction of such courts.

You agree that in addition to your obligations under these Purchase Terms it is the cardholder's responsibility to ensure that they are permitted by the laws and regulations of their local jurisidiction to purchase the Products from DalPay Retail, including but not limited to requirements that you have reached a certain minimum age to be permitted to purchase the Products.

You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Website, these Purchase Terms, or the Services of DalPay Retail must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.

ADDITIONAL TERMS

If any provision of these Purchase Terms is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of these Purchase Terms, and any part of such provision not held invalid or unenforceable shall remain in full effect.

If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in these Purchase Terms, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified and intended.

Notwithstanding anything herein to the contrary, the "Limited Warranty", "Limitation of Liability" and "Indemnification" language shall survive the termination of these Purchase Terms.

The provisions of these Purchase Terms will inure to the benefit of and be binding upon DalPay Retail and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.

You and/or persons you represent may not assign your rights and obligations under these Purchase Terms without the express prior written consent of DalPay Retail, which may be withheld at DalPay Retail's sole discretion.

DalPay Retail may assign these Purchase Terms and its rights and obligations under these Purchase Terms without your consent or the consent of any persons you represent, in order to deliver the Products ordered, and for any other purpose within the scope of these Purchase Terms.

DALPAY RETAIL'S FAILURE TO ENFORCE ANY PROVISION OF THE PURCHASE TERMS OR TO ACT WITH RESPECT TO A BREACH OF THE PURCHASE TERMS BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF DALPAY RETAIL'S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF DALPAY RETAIL'S RIGHT TO ENFORCE SUCH PROVISION. HOWEVER, BOTH PARTIES ARE EXPECTED TO ACT REASONABLY.

These Purchase Terms were last revised on July 1, 2010.
Version: 1.3.

Snorrason Holdings ehf DBA DalPay Retail
Hafnartorg
620 Dalvik
Iceland.
Registered Number: 570305-0180
(Icelandic Enterprise Registrar)

Snorrason Holdings Establishment
Kirchstrasse 6
Postfach 761
FL-9494 Schaan
Liechtenstein.

Click here to view earlier versions of these Purchase Terms.