Terms and Conditions

TERMS OF USE

In return for gaining access to the websites, mobile websites, applications and other content (collectively, the "Service") of Do’gain Gear (together with its, affiliates, partners, subsidiaries and employees, "DG") and using the Service, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Service. You shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by these terms and conditions (the "Terms"). Your use of the Services shall be subject to this Agreement and the terms and policies referenced herein, DG's Privacy Policy, and the terms of service, privacy policies and other applications terms and conditions for each Service then in effect. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of DG, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempt to access prohibited areas of the Service, you may be subject to prosecution.

You acknowledge that, from time to time, it may be necessary for DG to update or revise certain provisions of the Agreement. By using the Service and accepting this Agreement, you agree that DG may change the terms of the Agreement in its sole discretion without notice to you.

CHANGES TO TERMS AND CONDITIONS

We may modify our Terms at any time, in our sole discretion. Any modifications will be posted on our corporate website, or through other communications, as deemed appropriate.

CONTRACT TO PURCHASE

Only individuals 18 years and older may place orders through the DG website, by phone or in person. After placing an order, you will receive a confirmation email which creates a contract to purchase the Products. When ordering online and you click the "Submit My Order" button, we'll present you with a confirmation screen and send a confirmation email to you.

SUBSTITUTION

We strive to continually improve our products to give you the best value possible. On occasion, we may ship you a product that differs slightly from the one pictured and described in our catalog. However, we will always substitute with a product of equal or better quality and value. If your requirements prohibit substitution, please let us know when you place the order.

SUBMITTING AND CANCELING ORDERS

When you submit an order to DG, you are making a binding offer for DG to fulfill the order according to the terms of this Contract. As each purchase is built to order, no cancellations may be made once your order has been placed. PLEASE check your order over carefully that you have ordered your items just as you want them, before clicking the Submit My Order button.

DEFECT AND RETURN POLICY

As DG creates items per individual customer order, there is no return or exchange on any item(s) unless the item is defective or we made an error when making the custom order product. DG does not provide refunds. Customers need to double-check product descriptions and size charts to ensure the right sizes are selected before submitting their order.   We are not responsible for misuse, customer installation, freight damage or improper storage. Please inspect your items carefully upon delivery.  

If an item is defective and you wish to request a replacement, you must send an email with the Subject: “DEFECT” and include a clear photograph of the defect and a brief explanation of the problem to DG at the411@dogaingear.com. The email must be received by DG Support within 3 days of delivery of the defective product. After 3 days, no replacements will be given.

DG will not replace a printed item solely because…

  • DG deviates from the Product descriptions and information in accordance with Section 4(d) (Product Specifications);
  • the Product was unsatisfactory for any reason despite matching the provided Fulfillment Information; or
  • the shipping provider did not complete delivery or completed delivery late.

In such cases, you must place a new order or attempt to resolve the delivery dispute with the shipping provider.

SALES TAX

Sales tax is determined based upon delivery address. You must provide the appropriate sales tax exemption or resale certification before your order is placed to qualify for tax exemption. Otherwise, state sales tax will be added to all orders with delivery address in the United States and Puerto Rico, except for orders delivered to States that do not require sales tax.

RISK OF LOSS, FREIGHT DAMAGE & SHIPMENT SHORTAGES

Risk of loss, title and ownership of the goods purchased are transferred to the customer at the time goods are delivered to the common carrier. If a shipment is short or damaged, we will gladly assist you with your freight claim. The product shortage or damage must be noted on the freight delivery document. Please notify us immediately if you need assistance with your claim.

FUNDRAISING AND REFERRAL POLICY

DG distributes a portion of the proceeds of all Orders to Signed Groups as determine by Customer selection of the Group name at the time of purchase.  A Group is considered a Signed Group when at least one Customer has selected the Group name at the time of purchase within the previous twelve (12) months. 

Signed Groups who refer other Groups to DG will receive a portion of the Referred Group proceeds as long as the referral is qualified and the Signed Group has at least one (1) direct order within the previous twelve (12) months. 

A referral is considered qualified if a representative of a Signed Group makes an introduction via email, SMS or verbally to both Referred Group representative and DG representative; or completes DG's Refer a Group form at https://dogaingear.com/pages/refer-a-group.  In any situation, the Referred Group must know and agree to be referred by the representative of the Signed Group. 

A referral is not considered qualified if an introduction is not made or if the Referred Group representative does not agree to be referred by the Signed Group representative.  In these instances, the Signed Group may earn a maximum of three (3) months referral credit to include all Referred Groups' orders made within ninety (90) days after the Referred Groups' first order date. 

DG honor's a First-to-Refer policy, where the first Signed Group to introduce a Referred Group to DG has exclusive rights to receive a distribution for the Referred Group proceeds.  If conflicts arise, DG has sole discretion to decide which Signed Group receives credit. 

GIFT CARD TERMS AND CONDITIONS

The following are the terms and conditions applicable to your Do’gain Gear Gift Cards. By purchasing, accepting, or using a Gift Card, you agree to be bound by these terms and conditions on behalf of yourself and all members of your household and others who purchase, accept, or use a Gift Card under your account.

  1. Gift Cards Balance and Redemption.

Do’gain Gear Gift Cards are issued digitally and may only be redeemed toward the purchase of eligible goods on DogainGear.com.  Physical Do’gain Gear Gift Cards are not available at this time.  Upon purchase of a Do’gain Gear Gift Card, a Customer will receive both an Order Confirmation email as well as a separate email with a unique link to the Gift Card code which can be forwarded to another person.  The unique link is the only way to access the digital Gift Card as it includes a unique Gift Card code.

Gift Cards do not expire.  Gift Card purchases are final and non-refundable. 

Any unused balances of a Gift Card remain associated with the unique Gift Card code.  To view the balance of a Gift Card, add a product to the cart, go to checkout and enter the unique Gift Card code.  If a purchase exceeds your Do’gain Gear Gift Card balance, the remaining amount must be paid with another payment method.  You may use more than one Do’gain Gear Gift Cards for a single order.

  1. Limitations

Your Do’gain Gear Gift Card cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded; resold; used for payment outside of www.dogaingear.com; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, including to facilitate the resale or shipment of goods from DogainGear.com; redeemed for more than face value; transferred for value; redeemed for cash; or returned for a cash refund (except to the extent required by law).

  1. Risk of Loss.

The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Gift Cards must be obtained from Do’gain, and you are responsible for safeguarding your DogainGear.com Gift Card Balance from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your DogainGear.com Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Do’gain Gear is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.

  1. Use of DogainGear.com Gift Card in Violation of these Terms and Conditions.

By using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to DogainGear.com, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your DogainGear.com Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied fraudulently, unlawfully, or otherwise in violation of these terms and conditions.

  1. Limitation of Liability.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.

FORCE MAJEURE

Although we strive to meet obligations set forth in our promotional material, we will not be liable for any failure to perform any such obligations by reasons of acts of God or the elements; acts, delays and failures to act by governmental authorities; riots, insurrections, terrorism, sabotage and war; interruption, suspension, curtailment or other disruption of utilities; or other matters beyond our reasonable control.

APPLICABLE LAW

These Terms, the Customer order and the legal relations of the parties shall be determined in accordance with the laws of the State of California. The parties disclaim any applicability of the United Nations Convention of the International Sale of Goods related to their order and the Services. The Customer consents and will submit to the jurisdiction of the courts of, and the Federal Courts seated in Orange County, California with respect to any disputes related to the Services.