TERMS & CONDITIONS

Welcome to www.darkhorsesimracing.com. These terms and conditions govern your use of Dark Horse Simracing Inc.'s website located at https://www.darkhorsesimracing.com and any purchase made through it. By accessing this website or placing an order, you irrevocably accept these terms in full. If you do not agree, you must immediately discontinue use of this website.

Purchases

By purchasing from Dark Horse Simracing, you agree to be bound by this Terms & Conditions Policy and our Warranty & Return Policy in their entirety. Where these documents overlap on shipping, returns, or fees, the Warranty & Return Policy governs as our authoritative source. Dark Horse Simracing reserves the right to refuse or cancel any order at its sole discretion, including for suspected fraud, pricing errors, or inventory unavailability, without liability beyond refund of amounts paid.

Stock Availability Disclaimer

Items listed on this website are distributed directly from manufacturer warehouses. We do not guarantee immediate stock availability, specific delivery timelines, or that any listed item remains available at the time of order confirmation. Dark Horse Simracing is not liable for manufacturer stock limitations, production delays, or shipping delays resulting from inventory constraints, and our sole obligation in such cases is limited to a refund of amounts paid for the unavailable item. By placing an order, you accept these terms in full.

Custom Orders and Turn-Key Simulator Rigs

All sales of custom orders and custom-configured, turn-key simulator rigs are final and non-refundable once the order is confirmed, payment is received, and/or production or sourcing has commenced. This applies regardless of whether the customer changes their mind, claims the product fails to meet undocumented subjective expectations, or is unable or unwilling to accept delivery of a completed order. Dark Horse Simracing bears no liability for delays in custom production caused by manufacturers, suppliers, or components sourced from third parties.

This policy does not limit or exclude any statutory right a consumer holds under the mandatory consumer protection legislation of their province or territory of residence with respect to goods that are defective, unfit for purpose, or not as described at the time of sale. Warranty claims relating to manufacturer defects must be directed to the applicable manufacturer under their warranty terms, or facilitated through Dark Horse Simracing as set out in our Warranty & Return Policy. By placing a custom or turn-key order, you expressly and irrevocably acknowledge and accept this no-refund policy, subject only to the statutory protections described above.

Limitation of Liability

To the maximum extent permitted by applicable law, Dark Horse Simracing's total liability arising from any order, product, or use of this website is limited to the amount paid by the customer for the specific product giving rise to the claim. In no event will Dark Horse Simracing be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or loss of use, even if advised of the possibility of such damages. This limitation applies regardless of the legal theory of liability and survives any termination of this agreement. Nothing in this section limits any liability that cannot be excluded or limited under applicable mandatory consumer protection law.

Indemnification

You agree to indemnify, defend, and hold harmless Dark Horse Simracing Inc., its officers, employees, and agents from any claim, liability, damage, loss, or expense, including reasonable legal fees, arising out of or related to your misuse of this website, your violation of these terms, your violation of any third-party right, or your provision of inaccurate order or shipping information.

Governing Law and Jurisdiction

This agreement is governed by the laws of the Province of Ontario and the applicable federal laws of Canada, and any dispute arising from or relating to this agreement or your use of this website is subject to the exclusive jurisdiction of the courts of Ontario, except as set out below.

For consumers residing in another Canadian province or territory, nothing in this section limits, excludes, or overrides any statutory right, protection, or remedy available to that consumer under the mandatory consumer protection legislation of their province or territory of residence, including but not limited to the Consumer Protection Act (Quebec), the Business Practices and Consumer Protection Act (British Columbia), the Consumer Protection Act (Alberta), The Consumer Protection and Business Practices Act (Saskatchewan), The Business Practices Act (Manitoba), and equivalent legislation in any other Canadian province or territory. Where a provision of this agreement conflicts with such mandatory law, that provision is void to the extent of the conflict only, and the remaining terms of this agreement remain in full force and effect.

Affirm and Klarna Payment Disclaimer

Affirm (Affirm Canada Holdings Ltd.): Rates range from 0–31.99% APR, subject to eligibility and provincial regulatory limitations. Not all customers qualify for 0% APR. A down payment may be required. Affirm accepts debit cards and PAD as repayment; select payment options may accept credit cards, subject to your card issuer's own terms. Actual terms are presented at checkout. More information: https://www.affirm.com/en-ca/how-it-works

Klarna: Where a cancellation or refund adjustment applies to a Klarna or other buy-now-pay-later transaction, a payment processing fee of 6.05% of the affected amount applies, reflecting the actual cost charged to us by the provider, as further described in our Warranty & Return Policy.

Applicable to both Affirm and Klarna orders: Once an order is placed and paid using Affirm or Klarna, no changes to shipping address or delivery details can be accepted, and orders ship only to the checkout address. Orders cannot be modified after placement; cancellation requests are subject to our standard cancellation policy and may not be possible once an order has processed or shipped. All items in an order must ship together to the original address; partial shipments or multi-address delivery are not permitted. We reserve the right to require additional verification or identification before fulfilling any order paid via these methods, and failure to provide it may result in cancellation and refund. Any attempted fraudulent use of these payment methods will result in immediate cancellation and may be reported to the relevant provider and law enforcement authorities, with whom we reserve the right to cooperate fully. By completing a purchase with Affirm or Klarna, you acknowledge and agree to these terms.

Cookies

This website uses cookies to personalize your experience and, where applicable, for statistical and marketing purposes. Required cookies are necessary for site function and do not require consent; accepting them also means accepting associated third-party cookies used by integrated services. By accessing this website, you agree to the use of required cookies.

Intellectual Property License

Unless otherwise stated, Dark Horse Simracing Inc. and/or its licensors own all intellectual property rights in the material on this website. Access is granted for personal, non-commercial use only. You must not copy, republish, sell, rent, sub-license, reproduce, duplicate, or redistribute any material from this website without our prior written consent. Unauthorized use may result in legal action.

User Comments

Where this website permits users to post comments or opinions, Dark Horse Simracing does not filter, edit, or review comments before publication. Comments reflect the views of their individual authors only and not those of Dark Horse Simracing, which bears no liability, to the maximum extent permitted by law, for any comment or resulting damage. We reserve the right to monitor and remove, without notice, any comment considered inappropriate, offensive, or in breach of these terms.

By posting, you warrant that you hold all necessary rights and consents to do so, that your comment does not infringe any third-party right, does not contain unlawful, defamatory, or offensive material, and will not be used to solicit or promote commercial or unlawful activity. You grant Dark Horse Simracing a perpetual, non-exclusive, royalty-free license to use, reproduce, and edit your comments in any format or medium.

Hyperlinking to Our Content

Government agencies, search engines, news organizations, and online directory distributors may link to this website without prior approval, provided the link is not deceptive, does not falsely imply endorsement, and fits the context of the linking site. Other organizations seeking to link to this website must first contact us with their details and intended URLs; approval is at our sole discretion. No use of our name, logo, or artwork is permitted for linking purposes without a separate written trademark license agreement.

Advertised Pricing

Prices displayed on this website are accurate to the best of our knowledge at the time of listing but are subject to change without notice due to availability, demand, manufacturer pricing changes, or other factors. We reserve the right to correct pricing errors at any time, including after an order has been placed, and to cancel any order affected by a pricing error, with a full refund as the customer's sole remedy. The total price shown at checkout, inclusive of all mandatory charges, applies to your order.

Black Friday and Promotional Pricing

Dark Horse Simracing does not honor price matching during Black Friday or any promotional period. Promotional pricing is exclusive to our store and website, cannot be applied retroactively to prior purchases, and may not be replicated, matched, or advertised by any other retailer without our authorization. All promotional sales are subject to availability and may be modified or terminated at any time without notice.

Content and Information Disclaimer

Information on this website is provided for general informational purposes only, in good faith, and without any representation or warranty of any kind, express or implied, as to its accuracy, adequacy, reliability, or completeness. Your reliance on any information on this site is entirely at your own risk. To the maximum extent permitted by law, Dark Horse Simracing is not liable for any loss or damage of any kind, including indirect or consequential loss, arising from your use of or reliance on this website. Site content is not a substitute for professional advice of any kind.

This site may link to third-party websites we do not control, investigate, or endorse, and we bear no responsibility for their content or accuracy. We reserve the right to modify, update, or remove any content on this website at any time, without notice or liability. This disclaimer may be updated at any time, and continued use of the website constitutes your acceptance of any changes.

Removal of Links

If you consider a link on this website offensive or inappropriate, you may contact us. We will consider such requests at our sole discretion but are under no obligation to remove any link or respond to any request.

Province Selection and Shipping Address

Customers are solely responsible for accurately selecting the correct province of delivery at checkout, matching the actual shipping destination, as applicable taxes are calculated based on the selected province. If purchasing on behalf of a recipient in a different province, the recipient's province must be selected.

An incorrect province selection may result in tax underpayment, overpayment, shipping errors, or order delays, and Dark Horse Simracing bears no liability for such outcomes where they result from customer error. Orders affected by an incorrect province selection may be adjusted, delayed, or cancelled at our discretion. By completing your purchase, you confirm that the selected province matches the intended delivery destination and agree to pay all applicable taxes for that location. Where a correction requires a refund or additional charge, any applicable payment processing fee described in our Warranty & Return Policy may apply to the adjusted amount, reflecting the actual cost incurred by us.

Entire Agreement and Severability

These terms, together with our Warranty & Return Policy, constitute the entire agreement between you and Dark Horse Simracing regarding your use of this website and any purchase made through it, superseding any prior agreements. If any provision of this agreement is found unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Amendments

Dark Horse Simracing reserves the right to amend these terms at any time without prior notice. Continued use of this website following any amendment constitutes your acceptance of the revised terms. We encourage you to review this page periodically.

Contact Us

Questions about these terms: Support@darkhorsesimracing.com