Terms and Conditions
TERMS AND CONDITIONS FOR SALE OF GOODSAll purchases made through this website are subject to the following terms and conditions:
- 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.
- Time of Delivery. Stone and Tile Shoppe, Inc. shall have the right to specify the date of delivery.
- Place of Delivery. The goods shall be deemed to be delivered at, the Seller's choosing. The buyer will pay for 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. The carrier will be Buyer's sole and exclusive agent with full authority to inspect and accept goods on behalf of Buyer
- 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.
- 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.
- 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.
- 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.
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 and Tile Shoppe, Inc. does not take any responsibility or liability, with regards to natural variations in the products. No returns, exchange or refunds will be accepted on account of any reason unless deemed appropriate by Stone and Tile Shoppe, Inc. management. 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 unless deemed appropriate by Stone and Tile Shoppe, Inc. management.
- 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.
- 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
- Time of Payment. Buyer shall pay for the goods at the time of placing their order
- 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.
- Method of Payment. Payment shall be made in accordance with Stone and Tile Shoppe, Inc.'s current policy.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
TERMS AND CONDITIONS OF USEWelcome 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.
- Agreement. This Agreement (the "Agreement") specifies the Terms and Conditions for access to and use of www.stoneandtileshoppe.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.stoneandtileshoppe.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- 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.
- Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18
- Trademarks. Other product and company names mentioned on this Site may be trademarks of their respective owners.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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: Admin@stoneandtileshoppe.com
- 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.
- 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.
- Termination. Stone and Tile Shoppe, Inc. may terminate this Agreement at any time, with or without notice, for any reason.
- Contact Information.
HOW TO CONTACT US:
Stone and Tile Shoppe, Inc.
12804 Raymer Street N. Hollywood, CA 91605