TERMS & CONDITIONS
WELCOME TO EHARDWOODFLOORING.COM. BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, ALL POLICIES AND OTHER APPLICABLE LAW TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING WHICH MAY BE MADE WITHOUT NOTICE. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND AND/OR AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS, YOU MUST NOT USE THIS SITE.
EHARDWOODFLOORING, INC. ("EHARDWOODFLOORING.COM") RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS OR ANY POLICY OR GUIDELINE OF THE SITE, AT ANY TIME AND IN ITS SOLE DISCRETION. ANY CHANGES OR MODIFICATION WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS AND NOTICE OF SUCH CHANGES TO THE SITE. YOUR CONTINUED USE OF THIS SITE FOLLOWING ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. YOU ARE CONTINUALLY SUBJECT TO THESE PRESENT TERMS AND CONDITIONS OR ANY POLICY OR GUIDELINE OF THE SITE. IT IS IMPORTANT THAT YOU FREQUENTLY REVIEW THE TERMS AND CONDITIONS AND APPLICABLE POLICIES TO UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SITE.
THESE TERMS AND CONDITIONS OR ANY POLICY OR GUIDELINE OF THE SITE ARE ALSO APPLICABLE TO ANY TRANSACTION OR PURCHASE MADE ON EHARDWOOFLOORING.COM, AS THEY ARE HEREBY CONDITIONED AS AN EXTENDED USE OF THIS SITE.
EHARDWOODFLOORING, INC DOES NOT TOLERATE THE TRANSMISSION OF SPAM OR ANY DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND CONTENT EXTRACTION METHODS TO AND FROM OUR SITE (INCLUDING ANY TEXT, IMAGES, LOGO, PICTURES, OR ANY OTHER FILES). WE CLOSELY MONITOR ALL TRAFFIC TO AND FROM OUR SITE AND WEB SERVER FOR ANY INDICATIONS OF THESE VIOLATIONS OCCURRING AND WILL TAKE THE APPROPRIATE ACTIONS TO FULLY RESOLVE THE SITUATION.
COPYRIGHT TRADEMARKS
ALL SITE TRADEMARKS, COPYRIGHTED AND COPYRIGHTABLE MATERIALS ON THIS SITE, INCLUDING, WITHOUT LIMITATION, THE EHARDWOODFLOORING.COM LOGO, DESIGNS, TEXT, GRAPHICS, PICTURES, AND OTHER FILES, AND THE SELECTION AND ARRANGEMENT ("CONTENT") THEREOF ARE THE PROPERTY OF EHARDWOODFLOORING, INC. EXCEPT AS STATED HEREIN, NONE OF THE CONTENT MAY BE COPIED, REPRODUCED, REPUBLISHED, DISTRIBUTED, DOWNLOADED, UPLOADED, SAVED, CAPTURED, RECORDED, SCREENSHOT, SCANNED, DISPLAYED, IMITATED, MIMICKED, TRANSMITTED, REWRITTEN, OR POSTED IN ANY FORM OR BY ANY MEANS INCLUDING, BUT NOT LIMITED TO ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, SCREEN CAPTURING, OR OTHERWISE WITHOUT THE PRIOR EXPRESS AND AUTHENTIC WRITTEN PERMISSION OF EHARDWOODFLOORING, INC. IN ADDITION, ALL CUSTOM DESIGNS, PAGE LAYOUTS, HEADERS, FORMATS, CUSTOM GRAPHICS, ICONS, BUTTONS, TABS AND SCRIPTS ARE SERVICE MARKS, TRADEMARKS, AND/OR TRADE DRESS OF EHARDWOODFLOORING.COM, AND MAY NOT BE COPIED, IMITATED, OR USED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN PERMISSION OF EHARDWOODFLOORING, INC.
USE OF SITE
EHARDWOODFLOORING, INC. GRANTS YOU A LIMITED LICENSE TO USE THIS SITE, INCLUDING THE SERVICES, TO MAKE HONEST LEGITIMATE ORDERS AND PURCHASES AND SHALL NOT USE THIS SITE AND/OR THE SERVICES FOR ANY OTHER PURPOSES, INCLUDING WITHOUT LIMITATION, TO MAKE ANY SPECULATIVE, FALSE OR FRAUDULENT ORDER OR ANY ORDER IN ANTICIPATION OF DEMAND. SUCH GRANT DOES NOT INCLUDE, WITHOUT LIMITATION: (A) ANY RESALE OR COMMERCIAL USE OF THE SITE AND/OR THE SERVICES OR CONTENT THEREIN; (B) THE COLLECTION AND USE OF ANY PRODUCT LISTINGS, CONTENT, TEXT OR DESCRIPTIONS; (C) MAKING DERIVATIVE USES OF THE SITE AND/OR THE SERVICES AND ITS CONTENTS; OR (D) USE OF ANY DATA MINING, ROBOTS, OR SIMILAR DATA GATHERING AND EXTRACTION METHODS. EXCEPT AS NOTED ABOVE, YOU ARE NOT CONVEYED ANY RIGHT OR LICENSE BY IMPLICATION, ESTOPPLE, OR OTHERWISE IN OR UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR PROPRIETARY RIGHT OF EHARDWOODFLOORING, INC OR ANY THIRD PARTY AFFILIATE.
THIS SITE AND THE CONTENT PROVIDED IN THIS SITE MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, SAVED, CAPTURED, RECORDED, IMITATED, MIMICKED, POSTED, TRANSMITTED OR DISTRIBUTED WITHOUT THE WRITTEN PERMISSION OF EHARDWOODFLOORING, INC, EXCEPT THAT YOU MAY DISPLAY AND PRINT THE MATERIALS PRESENTED ON THIS SITE FOR THE LICENSED PURPOSES ONLY; PROVIDED THAT, YOU MAY NOT, WITHOUT THE PERMISSION OF EHARDWOODFLOORING, INC OR THE RESPECTIVE COPYRIGHT OWNER, (A) COPY, DUPLICATE, PUBLISH, OR POST ANY MATERIALS OR CONTENT ON ANY WEB SITE, COMPUTER, SERVER, BLOG, NETWORK OR BROADCAST OR PUBLICATIONS MEDIA, (B) MODIFY THE MATERIALS, AND (C) REMOVE OR ALTER ANY COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY NOTICES CONTAINED IN THE MATERIALS AND CONTENT. UNAUTHORIZED USE OF THIS SITE AND/OR THE MATERIALS AND CONTENT CONTAINED ON THIS SITE COULD VIOLATE ANY APPLICABLE COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY LAWS OR OTHER VIOLATIONS.
EHARDWOODFLOORING.COM DOES NOT ALLOW YOU TO USE, FRAME OR UTILIZE FRAMING TECHNIQUES TO ENCLOSE ANY EHARDWOODFLOORING.COM TRADEMARK, LOGO OR OTHER PROPRIETARY INFORMATION (INCLUDING ANY IMAGES AND PHOTOGRAPHS ON THIS SITE, THE CONTENT OF ANY TEXT, DESCRIPTIONS, PAGE LAYOUTS AND DESIGNS (ANY FORM OR POLICY CONTAINED ON THIS SITE) WITHOUT EHARDWOODFLOORING, INC'S EXPRESS WRITTEN CONSENT. IN ADDITION, YOU MAY NOT USE ANY META TAGS OR ANY OTHER HIDDEN OR TRANSPARENT TEXT UTILIZING AN EHARDWOODFLOORING.COM NAME, DESCRIPTION, MATERIALS, MEDIA, TRADEMARK, OR PRODUCT NAME WITHOUT EHARDWOODFLOORING'S EXPRESS WRITTEN CONSENT.
DESCRIPTIONS/CONTENTS
EHARDWOODFLOORING.COM USES ITS BEST EFFORTS TO FULFILL ALL ORDERS AND PURCHASES; HOWEVER WE CANNOT ALWAYS GUARANTEE THE AVAILABILITY OF ANY PARTICULAR PRODUCT DISPLAYED ON THIS SITE. OUR GOAL IS TO PROVIDE YOU WITH ACCURATE INFORMATION AND TRUE PRODUCT IMAGES THAT WE HAVE PROFESSIONALLY PHOTOGRAPHED BEFORE BEING DISPLAYED ON OUR SITE. WE USE OUR BEST EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON ALL PRODUCTS AND CONTENT ON THIS SITE, BUT WE MAKE NO GUARANTEES OR REPRESENTATIONS TO THE ACCURACY OR COMPLETIONS OF CONTENT OR INFORMATION ON THIS SITE AND ACCEPT NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. IF ANY TYPOGRAPHICAL OR OTHER ERRORS ARE DISCOVERED, WE WILL DO OUR BEST TO CORRECT THEM. IT IS FOR THIS REASON THAT WE CANNOT OFFER FULL REFUNDS DUE TO STYLE ISSUES, COLOR ISSUES OR BUYERS REMORSE. EHARDWOODFLOORING, INC. RESERVES THE RIGHT TO REVOKE ANY STATED OFFER AND TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED AND ACCEPTED). PHOTOGRAPHS, IMAGES AND COLOR CHARTS DISPLAYED ON OUR SITE ARE FOR GENERAL INFORMATION ONLY AND CAN VARY CONSIDERABLY FROM THE ACTUAL COLOR OF THE PRODUCT. WHEN PURCHASING ANY NATURAL PRODUCT SUCH AS WOOD, MARBLE OR GRANITE, THERE MAY BE DIFFERENT VARIANCES IN THE COLOR AND FINISH DUE TO WOODS NATURAL VEINING, KNOTS ETC.
PRODUCT SAMPLES
ANY PRODUCT SAMPLES THAT A CUSTOMER RECEIVES ARE NOT TO BE CONSIDERED AN EXACT REPRESENTATION OF PRODUCTS AND ONLY USED AS A GENERAL IDEA OF PRODUCT APPEARANCE. EHARDWOODFLOORING, INC ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR PERCEIVED MISREPRESENTATIONS RESULTING FROM MISLABELED OR INCONSISTENT PRODUCT SAMPLES. PLEASE BE ADVISED THAT IMAGES AND PRODUCTS DEPICTED ON THIS SITE ARE NOT MEANT TO BE EXACT REPRESENTATIONS OF PRODUCT APPEARANCE, AND MAY VARY DEPENDING ON YOUR CHOSEN VIEWING DEVICE.
PAYMENT/REFUNDS
EHARDWOODFLOORING.COM ACCEPTS ALL MAJOR CREDIT CARDS, DEBIT CARDS, PAYPAL AND GOOGLE CHECKOUT FOR PAYMENTS. RECEIVED CLAIMS THAT HAVE BEEN APPROVED FOR A REFUND WILL BE CREDITED BACK TO THE SAME CARD OR PROCESS OF PAYMENT THAT WAS USED TO PURCHASE THE ORDER. PLEASE ALLOW 24-48 HOURS OF CARD PROCESSING TO RECEIVE THE CLAIM REFUND.
TAXES
THE CUSTOMER IS RESPONSIBLE FOR ALL SALES TAX, USE TAX, LOCAL TAX CODES, EXCISE, VALUE-ADDED AND OTHER CHARGES ASSOCIATED WITH THEIR ORDER. SALES TAX WILL ONLY BE ADDED TO ORDERS SHIPPING TO VIRGINIA.
ORDERING
THE CUSTOMER IS RESPONSIBLE FOR ALL MEASUREMENTS AND QUANTITIES THAT ARE ORDERED. THE CUSTOMER WILL BE CHARGED FOR THE TOTAL FOOTAGE ORDERED, SHIPPED AND DELIVERED. WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR MEASUREMENT AND/OR QUANTITY ERRORS THAT WERE ORDERED. IT IS THE CUSTOMERS DUTY TO INSPECT AND COUNT ALL BOXES DELIVERED BEFORE SIGNING THE BILL OF LADING.
CUSTOMER’S RECEIPT AND/OR INVOICE OF AN ELECTRONIC OR OTHER FORM OF ORDER CONFIRMATION DOES NOT SIGNIFY EHARDWOODFLOORING’S ACCEPTANCE OF CUSTOMER’S ORDER, NOR DOES IT CONSTITUTE CONFIRMATION OF EHARDWOODFLOORING, INC’S OFFER TO SELL. EHARDWOODFLOORING, INC RESERVES THE RIGHT AT ANY TIME AFTER RECEIPT OF CUSTOMER’S ORDER TO ACCEPT OR DECLINE CUSTOMER’S ORDER FOR REASONABLE CAUSE INCLUDING BUT NOT LIMITED TO LACK OF AVAILABILITY OF PRODUCTS, MATERIALS, PAYMENT ISSUE, FAILURE BY CUSTOMER TO SATISFY PAYMENT TERMS, AND/OR BREACH BY CUSTOMER OF THIS AGREEMENT.
SHIPPING / DELIVERY
EHARDWOODFLOORING.COM HAS AN EXCLUSIVE SHIPPING SOFTWARE THAT HAS BEEN CUSTOMIZED TO REDUCE SHIPPING COSTS AND OFFER MORE CONVENIENCE TO OUR CUSTOMERS AND THEIR DELIVERY NEEDS, OFFERING STATE-OF-THE-ART DELIVERY OPTIONS FOR THE CUSTOMER TO CHOOSE FROM. THE CUSTOMER IS RESPONSIBLE FOR ALL COSTS RELATED TO PRODUCTS BEING SHIPPED TO THE LOCATION SPECIFIED BY THE CUSTOMER. IT IS THE CUSTOMER’S RESPONSIBILITY TO PROVIDE THEIR FULL CONTACT INFORMATION WHICH ALLOWS THE CARRIER TO DELIVER THEIR ORDER AND CONTACT THE CUSTOMER IF NEEDED TO SCHEDULE OR CONFIRM DELIVERY. FAILURE TO ANSWER OR RESPOND TO A CARRIER’S CALL FOR SHIPPING AND/OR DELIVERY MAY RESULT IN ADDITIONAL HOLDING AND STORAGE FEES THAT WILL BE CHARGED TO THE CUSTOMER. IT IS THE CUSTOMER’S RESPONSIBILITY TO INFORM THE CARRIER THEY CHOSE OF ANY POTENTIAL DELIVERY OBSTACLES, LIMITED TURN-AROUND AREAS, RESTRICTED DELIVERY AREAS, GATED COMMUNITIES OR BUILDINGS, LOW POWER LINES, ROAD OR STREET DETOUR, ETC. LOCATED NEAR OR AROUND THE DELIVERY DESTINATION. IT IS IMPORTANT THAT UNDER ANY CIRCUMSTANCES THE CUSTOMER DOES NOT REFUSE A DELIVERY. THE CUSTOMER UNDERSTANDS THAT MOST DELIVERIES ARE DONE BY TRACTOR TRAILERS OR LARGE BOX TRUCKS THAT RANGE IN SIZE FROM TWENTY FIVE FEET TO FIFTY TWO FEET IN LENGTH. IN THE RARE INSTANCE WHERE A SHIPMENT DELIVERY CANNOT BE MADE, THE CUSTOMER AGREES TO MEET THE TRUCK AT THE CLOSEST AND SAFEST DELIVERY LOCATION. THIS LOCATION CAN USUALLY BE A NEARBY PARKING LOT. IF A DELIVERY CANNOT BE MADE AND THE CUSTOMER CANNOT MEET THE TRUCK AT AN OFF-SITE LOCATION, THE CUSTOMER WILL BE RESPONSIBLE FOR ALL INCURRED SHIPPING COSTS. ADDITIONAL STORAGE AND/OR SHIPPING CHARGES AND OTHER WAREHOUSE CHARGES MAY APPLY IF THE CUSTOMER CANNOT BE CONTACTED, UNAVAILABLE TO RECEIVE PRODUCT, NOT ABLE TO MEET AT OFF-SITE LOCATION, OR IF PRODUCT IS REDIRECTED UPON THE CUSTOMER’S REQUEST. IF A SHIPPING RATE IS QUOTED AT AN INCORRECT RATE DUE TO TYPOGRAPHICAL ERROR OR ERROR IN PRICING INFORMATION RECEIVED FROM EHARDWOODFLOORING.COM’S SUPPLIERS, EHARDWOODFLOORING.COM SHALL HAVE THE RIGHT TO REFUSE, ADJUST, OR CANCEL ANY ORDERS PLACED WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED OR WHETHER OR NOT PAYMENT HAS BEEN REMITTED. THE CUSTOMER IS RESPONSIBLE FOR INSPECTING FREIGHT FOR SHORTAGES OR SIGNS OF DAMAGE UPON RECEIPT OF GOODS.
IT IS THE CUSTOMERS RESPONSIBILITY TO INSPECT THEIR ORDER WHEN THE DELIVERY ARRIVES. THE CUSTOMER SHOULD INSPECT THE ENTIRETY OF THE DELIVERY AND ANY DAMAGED MATERIAL. DAMAGE TO A BOX DOES NOT ALWAYS MEAN THE MATERIAL INSIDE OF THE BOX WILL BE DAMAGED. HOWEVER, IF THERE IS DAMAGE TO THE BOX THEN THE CUSTOMER MUST DETERMINE IF THE MATERIAL INSIDE OF THE DAMAGED BOX ARE ALSO DAMAGED. THE CUSTOMER HAS THE RIGHT TO INSPECT THE DAMAGED BOX TO DETERMINE THIS. IF THERE IS DAMAGE TO THE BOX, BUT NO DAMAGE TO THE ACTUAL MATERIAL INSIDE, THEN NO ACTION IS NECESSARY. IF THE MATERIAL IS DAMAGED, THEN THE CUSTOMER AND THE DELIVERY DRIVER MUST CONFIRM WHAT IS DAMAGED AND MAKE A NOTATION OF THE DAMAGE ON THE BILL OF LADING. THE NOTATION MUST STATE “MATERIAL DAMAGED”, AND NOT “BOX DAMAGED”. IT IS VERY IMPORTANT THAT THE CUSTOMER AND THE DRIVER BOTH SIGN THEIR INITIALS NEXT TO THE NOTATIONS THAT WERE STATED ON THE BILL OF LADING. IF THE DAMAGE IS NOT NOTED CORRECTLY, IT WILL ONLY INCREASE THE AMOUNT OF TIME REQUIRED TO SEEK RESOLUTION. AND IN SUCH CASES, YOU WILL BE REQUIRED TO FILE DIRECTLY WITH THE CARRIER. IF ONLY A SMALL PERCENTAGE OF THE DELIVERY IS DAMAGED THEN DO NOT REFUSE THE DELIVERY. IT IS IMPORTANT THAT THE CUSTOMER DOES NOT REFUSE A DELIVERY. DO NOT LET THE DRIVER LEAVE UNTIL YOU HAVE VERIFIED THAT YOUR ENTIRE ORDER IS RECEIVED AND IS IN GOOD CONDITION AND THAT ALL MATERIAL AND/OR PRODUCT HAS BEEN ACCOUNTED FOR. EHARDWOODFLOORING, INC WILL NOT WARRANT ANY DELIVERY CLAIM INVOLVING DAMAGE, LOSS, ERROR, AND/OR SHORTAGES OF MATERIAL OR PRODUCT IF THE CUSTOMER DID NOT VERIFY THEIR ORDER CORRECTLY WITH THE DRIVER DURING TIME OF DELIVERY.
ALTHOUGH IT’S VERY RARE THAT DAMAGES AND LOSSES OCCUR DURING A DELIVERY, ACCIDENTS DO HAPPEN. IN THE EVENT OF THAT HAPPENING EHARDWOODFLOORING.COM MUST BE NOTIFIED OF ANY DELIVERY DAMAGE, LOSS, AND SHORTAGES OF MATERIAL WITHIN 24 HOURS OF THE DELIVERY (WITH OR WITHOUT A NOTATION MADE WITH THE DRIVER). EHARDWOODFLOORING.COM SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES CAUSED BY THE CARRIER DURING A DELIVERY OR ANY DELAY, ACTS OF GOD OR THE PUBLIC ENEMY, THE AUTHORITY OF THE LAW, STRIKES, RIOTS OR QUARANTINE, THE INHERENT NATURE OR VICE OF THE GOODS TRANSPORTED. ALL DELIVERY DATES ARE ESTIMATES. WE CANNOT GUARANTEE SPECIFIC DEADLINES OR DELIVERY TIMES. WE RECOMMEND THAT INSTALLATION IS ONLY SCHEDULED AFTER RECEIPT OF THE PRODUCT.
RETURNS/EXCHANGES
RETURNS OR EXCHANGES ARE NOT PERMITTED ON ANY OPENED BOXES, OVERSTOCK ITEMS, FINAL SALES, SPECIAL DEALS, SPECIAL ORDERS, SAMPLE PRODUCTS AND CLEARANCE ITEMS. TO BE ELIGIBLE FOR A RETURN OR EXCHANGE, THE PRODUCT OR MATERIAL MUST BE IN ITS EXACT ORIGINAL CONDITION WITH NO VISIBLE STRESS MARKS OR DAMAGE TO THE BOX OR MATERIAL. ANY OPENED BOX OR INSTALLED PRODUCT IS CONSIDERED ACCEPTED BY CUSTOMER AND MAY NOT BE EXCHANGED OR RETURNED FOR ANY REASON. ANY TRANSACTION FEE, SHIPPING AND DELIVERY CHARGES ARE NON-REFUNDABLE. ANY ADDITIONAL SHIPPING COSTS RELATING TO A RETURN OR EXCHANGE ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER. EXCHANGES ARE ONLY PERMITTED WITHIN 7 DAYS OF RECEIPT. A MANUFACTURED DEFECT ON A PRODUCT MAY BE EXCHANGED, PRIOR TO INSTALLATION OR FURTHER DAMAGE, WITHIN 14 DAYS OF RECEIPT. REQUESTS FOR RETURNS MUST BE MADE WITHIN 7 DAYS OF RECEIPT OF THE PRODUCT. APPROVED RETURNS WILL RECEIVE THE AMOUNT BACK IN STORE CREDIT. APPROVED RETURNS ARE SUBJECT TO A 35% RESTOCKING FEE AND ANY SHIPPING CHARGES THAT MAY OCCUR. ANY RETURNS SENT AS POSTAGE OR FREIGHT CHARGE DUE WILL AUTOMATICALLY BE REFUSED.
DAMAGE LIMITATION
EHARDWOODFLOORING, INC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. EHARDWOODFLOORING, INC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF EHARDWOODFLOORING, INC WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, EHARDWOODFLOORING, INC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
CANCELLATIONS
YOU MAY CANCEL AN ORDER BY PHONE THE SAME DAY YOUR ORDER WAS PLACED BEFORE 3PM EASTERN STANDARD TIME. THERE WILL BE A 5% HOLDING AND PACKAGING FEE THAT APPLIES TO YOUR CANCELLATION. AFTER 3PM YOUR ORDER MAY HAVE ALREADY BEEN LOADED AND SHIPPED, BUT CAN STILL BE CANCELED AT THE CUSTOMER’S REQUEST BY PHONE. THEIR WILL BE A 35% RESTOCKING FEE TO CANCEL THE ORDER AND THE ADDITIONAL COST TO STOP SHIPMENT OF THE ORDER IN TRANSIT AND HAVE IT SHIPPED BACK TO ITS ORIGINAL LOCATION. PLEASE NOTE; IF YOU HAVE ALREADY RECEIVED YOUR ORDER DELIVERY YOU CAN NO LONGER CANCEL THE ORDER. IF YOU BELIEVE A PAYMENT WAS WRONGFULLY OR IMPROPERLY MADE ON YOUR BEHALF, EHARDWOODFLOORING, INC, AT THEIR SOLE DISCRETION MAY VOID, RESCIND OR ISSUE A STORE CREDIT FOR THE PAYMENT AMOUNT. HOWEVER, YOU THE CUSTOMER, WAIVE THE RIGHT TO CANCEL OR DISPUTE ANY CREDIT CARD PAYMENTS WHICH HAVE BEEN CLEARED THROUGH THIS ENTITY. CANCELLATION OF CREDIT CARDS AND/OR PAYMENTS AFTER A PURCHASE WAS MADE ON YOUR BEHALF MAY RESULT IN ADDITIONAL CHARGES, AND BOTH CIVIL AND CRIMINAL PROCEEDINGS AGAINST YOU.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY EHARDWOODFLOORING, INC TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. EHARDWOODFLOORING, INC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE EHARDWOODFLOORING.COM SITE, ITS OPERATION, CONTENTS, INFORMATION, OR MATERIALS.
EHARDWOODFLOORING, INC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
LIABILITY LIMITATION
YOU AGREE THAT EHARDWOODFLOORING, INC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EHARDWOODFLOORING, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EHARDWOODFLOORING, INC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED CAD$100.00 OR THE COMPENSATION YOU PAID EHARDWOODFLOORING, INC, WHICHEVER IS LESS.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.
WARRANTY
ALL WARRANTIES ARE PRODUCT AND MANUFACTURER-SPECIFIC WARRANTIES. THE LIMITED WARRANTY APPLICABLE TO EACH PRODUCT SOLD BY EHARDWOODFLOORING.COM IS SET OUT UNDER THE PRODUCT DESCRIPTION LOCATED ON THE SITE. IN ORDER TO MAINTAIN THE HIGH QUALITY STANDARDS AND PERFORMANCE OF EHARDWOODFLOORING.COM’S FLOORING PRODUCTS IT WILL NEED TO BE IN YOUR HOME OR BUSINESS FOR A MINIMUM OF (4) FULL DAYS PRIOR TO ANY INSTALLATION FOR PROPER ACCLIMATION TO OCCUR TO THE FLOORING. IT IS IMPORTANT THAT ALL WINDOWS AND DOORS MUST BE CLOSED AND AIR CONDITIONING, HEATING AND VENTILATION SYSTEMS MUST BE OPERATING FOR (1) WEEK PRIOR TO YOUR INSTALLATION DATE WITH INDOOR TEMPERATURES BETWEEN 65ºF AND 70ºF AND INDOOR HUMIDITY AT 35% TO 55%. YOU ARE FULLY AWARE THAT THE TEMPERATURE AND MOISTURE CONDITIONS MAY AFFECT FLOORING PRODUCTS AND THEREFORE YOU EXPRESSLY AGREE THAT EHARDWOODFLOORING, INC SHALL NOT BE RESPONSIBLE FOR ANY EXPANSION, SHRINKAGE, CUPPING, BUCKLING OR OTHER REACTION OF WOOD TO WATER DAMAGE, MOISTURE, HUMIDITY, OR DRYNESS WITHOUT REGARD TO THE SIZE, GRADE OF MATERIAL. EHARDWOODFLOORING, INC IS NOT RESPONSIBLE FOR ANY TYPE OF INSECT DAMAGE AND/OR INFESTATION.
DISCLAIMER
THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S). EHARDWOODFLOORING, INC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EHARDWOODFLOORING, INC ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. EHARDWOODFLOORING, INC DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. EHARDWOODFLOORING, INC DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. EHARDWOODFLOORING, INC FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS, WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY LOCKING/CONNECTING SYSTEM(S) USED BY MANUFACTURERS OF LAMINATE, ENGINEERED WOOD, OR ANY OTHER PRODUCTS OR MATERIALS SOLD BY EHARDWOODFLOORING.COM.
INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EHARDWOODFLOORING, INC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, CAUSE OF ACTION, DEMAND, DAMAGES, COSTS OR EXPENSES INCLUDING WITHOUT LIMITATION REASONABLE LEGAL, ACCOUNTING AND OTHER PROFESSIONAL FEES, BROUGHT BY OR ON YOUR BEHALF IN EXCESS OF THE LIABILITY DESCRIBED HEREIN OR BY THIRD PARTIES ARISING FROM OR IN CONNECTION WITH YOUR USE OR ANY OF YOUR AUTHORIZED USERS' USE OF THIS SITE, INCLUDING BUT NOT LIMITED ANY VIOLATION BY YOU OR ANY AUTHORIZED USER OF THIS SITE. EHARDWOODFLOORING, INC RESERVES THE RIGHT, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER, SUBJECT TO INDEMNIFICATION BY YOU, WHICH SHALL NOT EXCUSE YOUR INDEMNITY OBLIGATIONS.
AGREEMENT
THE AGREEMENT BETWEEN EHARDWOODFLOORING, INC AND YOU WILL BE THAT OF INDEPENDENT CONTRACTORS, AND NEITHER OF US NOR ANY OF OUR RESPECTIVE OFFICERS, AGENTS OR EMPLOYEES WILL BE HELD OR CONSTRUED TO BE PARTNERS, JOINT VENTURES, FIDUCIARIES, EMPLOYEES OR AGENTS OF THE OTHER AS A RESULT OF THIS AGREEMENT OR USE OF THIS SITE.
GOVERNING LAW
YOU AGREE TO SETTLE ALL DISPUTES ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF THIS SITE AND AGREEMENT BY A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
THIS AGREEMENT AND ITS PERFORMANCE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VIRGINIA, UNITED STATES OF AMERICA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN ARLINGTON COUNTY, VIRGINIA AND AGREE THAT THE PREVAILING PARTY WILL PAY ALL LEGAL AND RELATED COLLECTIONS FEES AND THAT RESOLUTION WILL REMAIN PRIVATE AND CONFIDENTIAL.
ASSIGNMENT/SEVERABILITY
THESE TERMS AND CONDITIONS SHALL BE DEEMED SEVERABLE. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE UNENFORCEABLE OR INVALID, SUCH PROVISION SHALL NONETHELESS BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SUCH DETERMINATION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS. YOU MAY NOT ASSIGN, CONVEY, SUBCONTRACT OR DELEGATE YOUR RIGHTS, DUTIES OR OBLIGATIONS HEREUNDER.
AGREEMENT
THESE TERMS AND CONDITIONS, TOGETHER WITH THOSE INCORPORATED HEREIN OR REFERRED TO HEREIN CONSTITUTE THE ENTIRE AGREEMENT BETWEEN US RELATING TO THE SUBJECT MATTER HEREOF, AND IT SUPERSEDES ANY PRIOR UNDERSTANDINGS, FORMS OR AGREEMENTS (WHETHER ELECTRONIC, ON THE SITE, ORAL OR WRITTEN) REGARDING THE SUBJECT MATTER, AND MAY NOT BE AMENDED OR MODIFIED EXCEPT IN WRITING OR BY MAKING SUCH AMENDMENTS OR MODIFICATIONS AVAILABLE ON THIS SITE. OTHER THAN AS SPECIFICALLY PROVIDED IN ANY SEPARATE FORMAL PURCHASE AGREEMENT BETWEEN CUSTOMER AND EHARDWOODFLOORING, INC. THESE TERMS AND CONDITIONS MAY NOT BE ALTERED, SUPPLEMENTED, OR AMENDED BY THE USE OF ANY OTHER DOCUMENT(S). ANY ATTEMPT TO ALTER, SUPPLEMENT OR AMEND THIS DOCUMENT OR TO ENTER AN ORDER FOR PRODUCT(S) WHICH IS SUBJECT TO ADDITIONAL OR ALTERED TERMS AND CONDITIONS WILL BE NULL AND VOIDED, UNLESS OTHERWISE AGREED TO IN A WRITTEN AGREEMENT SIGNED BY BOTH CUSTOMER AND EHARDWOODFLOORING, INC.
HEADINGS
THE SECTION HEADINGS USED HEREIN ARE FOR CONVENIENCE OF REFERENCE ONLY AND DO NOT FORM A PART OF THESE TERMS AND CONDITIONS, AND NO CONSTRUCTION OR INFERENCE SHALL BE DERIVED THEREFROM.
