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| TERMS of USE |
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Terms and conditions for
sale of Goods
Terms and conditions of use |
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TERMS AND CONDITIONS FOR SALE OF GOODS
All purchases made through this website are subject to the
following terms and conditions:
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| 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.
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| 2. |
Time of Delivery.Stone and Tile Shoppe, Inc. shall have the right to
specify the date of delivery.
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| 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
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
No returns,exchange or refunds will be accepted on account of any REASON
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 .
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| 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.
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| 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
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| 11. |
Time of Payment. Buyer shall pay for the goods at the
time of placing their order
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| 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.
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| 13. |
Method of Payment. Payment shall be made in accordance with Stone and
Tile Shoppe, Inc.'s current policy.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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
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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.
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| 1. |
Agreement. This Agreement (the "Agreement") specifies the Terms and
Conditions for access to and use of www.buystonenow.com (The "Site") and
describe 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.
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| 2. |
Privacy. Your visit to our site is also governed by our Privacy Policy.
Please review our Privacy Policy at www.buystonenow.com.
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| 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.
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| 4. |
Intended Audience. This website is intended for adults only. This
website is not intended for any children under the age of 18
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| 5. |
Trademarks. Other product and company names mentioned on this Site may
be trademarks of their respective owners.
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| 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.
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| 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.
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| 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.
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| 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.
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| 10. |
Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS. YOUAGREE 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.
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| 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.
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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.
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| 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:
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An electric or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
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| B. |
A description of the copyrighted work that you claim has been infringed;
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A description of where the material that you claim is infringing is located on
the Site;
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| D. |
Your address, telephone number, and e-mail address;
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| 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
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| 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 Ravi Johar, who can be reached as follows:
By mail: 12804 Raymer Street, N. Hollywood, CA 91605
By phone: 877-416-1500
By email: stoneusa@aol.com
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| 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.
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| 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.
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| 16. |
Termination. Stone and Tile Shoppe, Inc. may terminate this Agreement at
any time, with or without notice, for any reason.
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| 17. |
Contact Information.
HOW TO CONTACT US:
Stone and Tile Shoppe, Inc.
12804 Raymer Street
N. Hollywood, CA 91605
(866) 333 0808
sales@buystonenow.com
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