Terms of service

DINKISTRY — TERMS OF SERVICE

Effective Date: [Insert Date]

Welcome to Dinkistry. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Dinkistry ("Dinkistry," "we," "us," or "our") governing your access to and use of our website, products, and services.

By accessing our website, purchasing products, or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. ELIGIBILITY

You must be at least 18 years old, or the age of majority in your jurisdiction, to use our website or purchase our products. By using our services, you represent and warrant that you meet these eligibility requirements.

2. ACCEPTANCE OF TERMS

Your use of the Dinkistry website and purchase of products constitutes acceptance of these Terms, including all policies incorporated herein by reference, including but not limited to:

• Shipping Policy
• Returns, Exchanges & Refund Policy
• Limited Manufacturer’s Warranty

If you do not agree, you must discontinue use immediately.

3. PRODUCTS & ORDERS

All products are subject to availability. We reserve the right to:

• Limit quantities
• Discontinue products
• Modify product specifications
• Refuse or cancel orders at our discretion

We make reasonable efforts to display product colors and details accurately but do not guarantee exact visual representation.

4. PRICING & PAYMENT

All prices are listed in U.S. Dollars unless otherwise stated.

We reserve the right to:

• Correct pricing errors
• Cancel orders arising from inaccuracies
• Refuse suspicious or fraudulent transactions

Customers are responsible for applicable taxes, duties, and governmental fees.

Chargebacks initiated without contacting us first may result in account restrictions or denial of future service.

5. SHIPPING POLICY

Order processing, shipment methods, transit estimates, address accuracy obligations, lost package procedures, and shipping liability limitations are governed by our Shipping Policy, incorporated into these Terms by reference.

6. RETURNS, EXCHANGES & REFUNDS

Eligibility rules, Still New requirements, defect claims, refund timelines, and Final Sale conditions are governed by our Returns, Exchanges & Refund Policy, incorporated herein by reference.

7. LIMITED MANUFACTURER’S WARRANTY

Warranty coverage, claim procedures, exclusions, remedies, and replacement limitations are governed by our Limited Manufacturer’s Warranty, incorporated herein by reference.

8. INTELLECTUAL PROPERTY

All content associated with Dinkistry, including logos, paddle designs, graphics, product names, slogans, videos, and written content, is the exclusive property of Dinkistry and protected by copyright, trademark, and intellectual property laws.

You may not:

• Copy or reproduce assets
• Modify or create derivative works
• Use branding commercially without permission
• Resell branded assets for promotional production

Unauthorized use may result in legal action.

9. USER CONDUCT

You agree not to:

• Use the website for unlawful purposes
• Attempt to hack, disrupt, or scrape systems
• Submit fraudulent orders
• Impersonate others
• Distribute malware or harmful code

We reserve the right to suspend or terminate access for violations.

10. ASSUMPTION OF RISK

Pickleball and athletic activities involve inherent physical risks.

By purchasing and using Dinkistry equipment, you acknowledge and assume all risks associated with recreational sports participation, including but not limited to:

• Physical injury
• Equipment impact injuries
• Court or environmental hazards

You agree that use of products is voluntary and at your own risk.

11. DISCLAIMER OF WARRANTIES

Except as expressly stated in the Limited Manufacturer’s Warranty, all products and services are provided “AS IS” and “AS AVAILABLE.”

We disclaim all implied warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non‑infringement
• Continuous website availability

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Dinkistry shall not be liable for:

• Indirect damages
• Incidental damages
• Consequential damages
• Loss of use
• Loss of profits
• Injury arising from misuse

Total liability shall not exceed the original purchase price of the product.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Dinkistry from any claims, damages, liabilities, costs, or expenses arising from:

• Misuse of products
• Violation of these Terms
• Fraudulent activity
• Third‑party claims related to your conduct

14. SHIPPING RISK & TITLE TRANSFER

Risk of loss transfers to the customer upon carrier confirmation of delivery. We are not liable for theft or loss after confirmed delivery.

15. INTERNATIONAL ORDERS

Where international shipping is offered:

• Customers are responsible for duties and import taxes
• Customs delays are outside our control
• Refused imports may incur return fees

Warranty coverage may be geographically limited.

16. FORCE MAJEURE

We are not liable for failure or delay in performance due to events beyond our reasonable control, including but not limited to:

• Natural disasters
• Carrier disruptions
• Supply chain shortages
• Government actions
• Labor strikes
• War
• Pandemic events

17. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

18. DISPUTE RESOLUTION & ARBITRATION

Any dispute arising from these Terms shall be resolved through binding arbitration conducted in Florida.

You agree to waive:

• Jury trials
• Class action participation

Arbitration shall be conducted under applicable commercial arbitration rules.

19. LIMITATION ON CLAIMS

Any claim must be brought within one (1) year of the event giving rise to the dispute, or it is permanently barred.

20. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Dinkistry and supersede all prior agreements, communications, or understandings.

22. MODIFICATIONS TO TERMS

We reserve the right to update or modify these Terms at any time. Changes become effective upon posting to the website. Continued use constitutes acceptance of revised Terms.