|
|
Conditions of Use
|
TERMS
AND CONDITIONS FOR SALE OF GOODS
All
purchases made through this website are subject to the following
terms and conditions: |
|
1.
|
Description-Sale of Goods. Stone
and Tile Shoppe, Inc. shall transfer and deliver to
Buyer, and Buyer shall pay for and accept, the goods
described in the web order. |
|
2.
|
Time of Delivery. Stone
and Tile Shoppe, Inc. shall have the right to specify
the date of delivery. |
|
3.
|
Place of Delivery.
The goods shall be deemed to be delivered at, the
Seller's warehouse. The buyer may request trucking the
shipment in which event all costs, expenses consequences
and risk of loss or damage due to or arising out of the
trucking of the shipment will be between carrier and
buyer. Seller encourages you to make all necessary
inquires regarding the trucking company prior to
authorizing the use of the trucking company. Buyer shall
be solely responsible for identifying, appointing and
paying for a carrier for purposes of transporting the
goods from Seller's warehouse. The carrier will be
Buyer's sole and exclusive agent with full authority to
inspect and accept goods on behalf of Buyer |
|
4.
|
Method of Tender. Buyer
shall place the order and pay for the order on the
website. Stone And Tile Shoppe Inc will deliver the
goods or arrange transport based on the information and
payment provided by the buyer and on receipt of good
funds from the Buyer. |
|
5.
|
Seller to Package Goods. Stone
and Tile Shoppe, Inc. shall package goods in accordance
with its packing standards. All goods will be available
in standard crated form only. |
|
6.
|
Identification-Risk of Loss. Identification
of goods under Commercial Code Section 2501 shall occur
at the moment a purchase order is accepted by Stone and
Tile Shoppe, Inc. Risk of loss of the goods shall pass
to the Buyer on identification. |
|
7.
|
Title. Title
to the goods shall remain with Stone and Tile Shoppe,
Inc. until Buyer or Buyer's carrier takes physical
possession of the goods. |
|
8.
|
Disclaimer of Express Warranties. Stone
and Tile Shoppe, Inc. warrants that the goods are as
described in the web order, but no other express
warranty is made in respect to the goods. If any model
or sample was shown Buyer, that model or sample was used
merely to illustrate the general type and quality of the
goods and not to represent that the goods would
necessarily conform to the model or sample.
All Natural Stone products have inherent variations
in color, texture and shading. This may occur within a
piece and from piece to piece. Samples are only to be
used as an indication of color and range. Variation in
color, shading and texture is to be expected in all
Natural Stones and tiles.
Customers are advised
to ensure that they are fully aware of the product and
its inherent variations. Stone & Tile Shoppe, Inc does
not take any responsibility or liability, with regards
to natural variations in the products.
| 100% Money Back Guarantee applies to material returned within 14 days, and returned in the same condition and packaging. Guarantee includes the cost of the material only, and does not include reimbursement for any shipping cost you may incur. |
|
By ordering goods from this site, it is
understood and agreed that you are in agreement with all
the terms and conditions of the sale herein, and no
returns, exchange or refunds will be accepted without prior approval. |
|
9.
|
Disclaimer of Implied Warranties. THE
GOODS SOLD UNDER THIS CONTRACT ARE PURCHASED BY THE
BUYER "AS IS" AND STONE AND TILE SHOPPE, INC. DOES NOT
WARRANT THAT THEY ARE OF MERCHANTABLE QUALITY OR THAT
THEY CAN BE USED FOR ANY PARTICULAR PURPOSE. |
|
10.
|
Price. The
price to be paid by Buyer shall be that contained on
Stone and Tile Shoppe, Inc.'s price as shown on the
website on date of purchase and payment |
|
11.
|
Time of Payment. Buyer
shall pay for the goods at the time of placing their
order |
|
12.
|
Right to Inspection. Buyer
shall have the right to inspect the goods at the
Seller's warehouse prior to Buyer or Buyer's carrier
accepting delivery of the goods. All accessorial charges
for arranging such inspection shall be paid by the
Buyer.
a. All merchandise is sold in "AS IS" condition and there are no warranties. Carrier is responsible for inspecting all goods upon pick up. Buyer is responsible for inspecting all goods upon receipt of the merchandise. Should there be any damage to the goods, buyer will need to file a claim with the carrier. User shall determine the suitability of the product for his intended use and assume all risks and liabilities in connection therein. b. Variations are inherent in Natural stone and all clay products. Natural colour variation, veining and cracks can vary from one tile to another and from one area to another. c. Buyer agrees and accepts that all sales are final and that goods, once purchased, no refund or exchange will be permitted d. All Agreements are subject to strikes, delay of carriers, quarry conditions and other causes beyond our control e. Buyer agrees to pay any collection costs, including reasonable attorney's fees. f. Buyer warrants and represents that Buyer has appointed and hired the Carrier identified above as Buyer's sole and exclusive Agent. Carrier is fully authorized by Buyer to inspect and accept all goods on behalf of Buyer. I accept the receipt of the above consignment in good condition S/d Carrier
Buyer warrants and represents that the Carrier identified above is the sole and exclusive Agent of Buyer. Buyer agrees, accepts and hereby acknowledges that the goods which are the subject of this Bill of Landing are the goods that were purchased by Buyer pursuant to the terms and conditions of Stone and Tile Shoppe, Inc. as set forth in detail on their website at www.buystonenow.com .. Buyer confirms that the purchase of the goods was made on their own behalf and was paid for by Buyer. The goods have been inspected by Buyer or their agent and the goods are in good condition and conform to their purchase order. If goods have not been inspected, then the Buyer acknowledges that the inspection has been waived by Buyer or their agent at their own risk. BUYER AGREES AND ACCEPTS THAT ALL SALE ARE FINAL AND THAT GOODS, ONCE PURCHASED, NO REFUND OR EXCHANGE WILL BE PERMITTED. S/d Buyer |
|
13.
|
Method of Payment. Payment
shall be made in accordance with Stone and Tile Shoppe,
Inc.'s current policy. |
|
14.
|
Interpretation and Parole Evidence. This
writing is intended by the Parties as a final expression
of their agreement concerning the matters contained
herein, and is also intended as a complete and exclusive
statement of the terms of their agreement. No course of
prior dealings between the Parties and no usage of the
trade shall be relevant to supplement or explain any
term used in this contract. Acceptance or acquiescence
in a course of performance rendered under this contract
shall not be relevant to determine the meaning of this
contract even though the accepting or acquiescing party
has knowledge of the nature of the performance and
opportunity for objection. Whenever a term defined by
the Uniform Commercial Code is used in this contract,
the definition contained in the Code shall control. |
|
15.
|
Authority of Stone and Tile Shoppe, Inc.'s Agents. No
agent, employee, or representative of Stone and Tile
Shoppe, Inc. has any authority to bind Stone and Tile
Shoppe, Inc. to any affirmation, representation, or
warranty concerning the goods sold under these terms and
conditions, and unless an affirmation, representation,
or warranty made by an agent, employee, or
representative is specifically included within these
terms and conditions, it has not constituted a part of
the basis of this bargain and shall not in any way be
enforceable. |
|
16.
|
Modifications. These
terms and conditions can be modified or rescinded only
by a writing signed by both of the Parties or their duty
authorized agents. |
|
17.
|
Assignment or Delegation. No
right or interest in these terms and conditions may be
assigned by either Buyer or Stone and Tile Shoppe, Inc.
without the written permission of the other party, and
no delegation of any obligation owed, or of the
performance of any obligation, by either Buyer or Stone
and Tile Shoppe, Inc., may be made without the written
permission of the other party. Any attempted assignment
or delegation shall be wholly void and totally
ineffective for all purposes unless made in conformity
with this paragraph. |
|
18.
|
Time for Bringing Action. Any
action for breach of these terms and conditions must be
commenced within 30 days after the cause of action has
accrued. |
|
19.
|
Applicable Law. These
terms and conditions shall be governed by the laws of
the State of California as effective and in force on the
date of these terms and conditions.
Dated: March 10, 2005
|
|
|
TERMS
AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound
by the following terms and conditions of use. Please review these
terms and conditions carefully. If you do not agree to these terms
and conditions, you should not use this site.
|
|
1.
|
Agreement. This
Agreement (the "Agreement") specifies the Terms and
Conditions for access to and use of www.buystonenow.com
(The "Site") and describes the terms and conditions
applicable to your access of and use of the Site. This
Agreement may be modified at any time by Stone and Tile
Shoppe, Inc. upon posting of the modified agreement. Any
such modifications shall be effective immediately. You
can view the most recent version of these terms at any
time at www.buystonenow.com. Each use by you shall
constitute and be deemed your unconditional acceptance
of this Agreement. |
|
2.
|
Privacy. Your
visit to our site is also governed by our Privacy
Policy. Please review our Privacy Policy at
www.buystonenow.com. |
|
3.
|
Ownership. All
content included on this Site is and shall continue to
be the property of Stone and Tile Shoppe, Inc. or its
content suppliers and is protected under applicable
copyright, patent, trademark, trade dress and other
proprietary rights. Any copying, redistribution, use or
publication by you of any such content or any part of
the Site is prohibited, except as expressly permitted in
this Agreement. Under no circumstances will you acquire
any ownership rights or interest in any content by or
through your use of this Site. |
|
4.
|
Intended Audience. This
website is intended for adults only. This website is not
intended for any children under the age of 18 |
|
5.
|
Trademarks. Other
product and company names mentioned on this Site may be
trademarks of their respective owners. |
|
6.
|
Site Use. Stone
and Tile Shoppe, Inc. grants you a limited, revocable,
nonexclusive license to use this Site solely for your
own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation
of derivative works, or other use. You agree not to copy
materials on the Site, reverse engineer or break into
the Site, or use materials, products or services in
violation of any law. The use of this website is at the
discretion of Stone and Tile Shoppe, Inc. and Stone and
Tile Shoppe, Inc. may terminate your use of this Site at
any time. |
|
7.
|
Compliance with Laws. You
agree to comply with all applicable laws regarding your
use of the Site. You further agree that information
provided by you is truthful and accurate to the best of
your knowledge. |
|
8.
|
Links to Third Party websites. Our
website contains links to websites operated by parties
other than Stone and Tile Shoppe, Inc. Those links are
provided for your reference and convenience only. We do
not own or control the content of those websites and are
not responsible for their content or your use of them.
We do not endorse the content of any of those websites. |
|
9.
|
Indemnification. You
agree to indemnify, defend and hold Stone and Tile
Shoppe, Inc. and our partners, employees, and
affiliates, harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related
to your violation of this Agreement or use of the Site. |
|
10.
|
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS
IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS
SITE IS AT YOUR SOLE RISK. STONE AND TILE SHOPPE, INC.
DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES,
AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE
EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON
WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR
SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE
SITE SHALL BE TO DISCONTINUE USING THE SITE.
|
|
11.
|
Disclaimer.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL STONE AND TILE SHOPPE,
INC. BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS
OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE),
SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING
TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT
IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws
(including consumer laws) which do not allow the
exclusion of implied warranties, or the exclusion or
limitation of certain damages. If these laws apply to
you, the exclusions or limitations to this Agreement
that directly conflict with such laws may not apply to
you.
|
|
12.
|
Use of Information. Stone
and Tile Shoppe, Inc. reserves the right, and you
authorize, us, to use and assign all information
regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy. |
|
13.
|
Copyrights and Copyright Agent. If
you believe your work has been copied in a way that
constitutes copyright infringement, please provide a
notice containing all of the following information to
our Copyright Agent:
|
A.
|
An electric or physical signature of
the person authorized to act on behalf of
the owner of the copyright interest; |
|
B.
|
A description of the copyrighted work
that you claim has been infringed; |
|
C.
|
A description of where the material
that you claim is infringing is located on
the Site; |
|
D.
|
Your address, telephone number, and
e-mail address; |
|
E.
|
A statement by you that you have a good
faith belief that the disputed use is not
authorized by the copyright owner, its
agent, or the law; and |
|
F.
|
A statement by you, made under penalty
of perjury, that the above information in
your notice is accurate and that you are the
copyright owner or authorized to act on the
copyright owner's behalf.
Our Copyright Agent for Notice of
claims of copyright infringement on the Site
is Hardeep Johar, who can be reached as
follows:
By mail: 12804 Raymer Street, N.
Hollywood, CA 91605 By phone:
877-416-1500 By email: Hardeep@Buystonenow.com
|
|
|
14.
|
Applicable Law. You
agree that the laws of the State of California, without
regard to conflicts of law provisions will govern these
Terms and Condition of Use and any dispute that may
arise between you and Stone and Tile Shoppe, Inc. or its
affiliates. |
|
15.
|
Severability. If
any provision of this Agreement shall be adjudged by any
court of competent jurisdiction to be unenforceable or
invalid, that provision shall be limited or eliminated
to the minimum extent necessary so that this Agreement
will otherwise remain in full force and effect. |
|
16.
|
Termination. Stone
and Tile Shoppe, Inc. may terminate this Agreement at
any time, with or without notice, for any reason. |
|
17.
|
HOW TO CONTACT US:
Stone and Tile Shoppe, Inc. 12804 Raymer Street
N. Hollywood, CA 91605 (877) 416-1500 sales@buystonenow.com
|
|
|
 |