Hardwood Emporium Terms and Conditions of
Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY
CAREFULLY.
TERMS AND CONDITION
OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR
OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Hardwood Emporium YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Hardwood Emporium's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Hardwood Emporium (References to "you"
or "your" shall relate to a customer of Hardwood Emporium or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Hardwood Emporium" shall relate to Hardwood Emporium and its affiliates.)
By visiting, browsing, shopping, accessing or otherwise using this site
("Site"), you acknowledge that you have read, understood, and agree to be bound
by this User Agreement and comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations. If you do not
agree to this User Agreement, as it may be changed by Hardwood Emporium from time to
time, do not use this Site. The material provided on this Site is protected by
law, including, but not limited to, United States copyright law and
international treaties. This Site is controlled and operated by Hardwood Emporium
from its offices within the United States. Hardwood Emporium makes no representation
that materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their contents are illegal
is not authorized. Those who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance with applicable
local laws.
Any claim relating to, and the use of, this Site and the
materials contained herein is governed by the laws of the state of PA
without regard to conflict of law rules. You consent to jurisdiction of the
federal and state courts located in USA County, PA to hear any such
claims.
Access, Interference and Linking
Hardwood Emporium grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of Hardwood Emporium.
The following activity on the
Site is expressly prohibited: Any non-personal or commercial use of any robot,
spider, other automatic device, or manual process to monitor or copy portions of
the Site or the content contained herein without prior written permission by
Hardwood Emporium; collection or use of any product listings, descriptions, or
prices, from the Site for the benefit of another merchant that supplies products
competitive with or comparable to those offered on the Site; and, Any use of,
visits to, or other action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper and timely
functioning.
Any unauthorized use terminates the license granted by
Hardwood Emporium.
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of the Site so long as the link does not
portray Hardwood Emporium, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any
Hardwood Emporium logo or other proprietary graphic or trademark as part of the link
without express written permission.
Hardwood Emporium does not review or control
third-party sites that link to or from the Site, and is not responsible for the
contents of any third-party sites linked to or from the Site.
Use Restrictions
The copyright in all material provided on this Site is held by
Hardwood Emporium or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Hardwood Emporium
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without Hardwood Emporium 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
All
trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. Hardwood Emporium and the
Circle of Service logo are trademarks of Hardwood Emporium Copyright © 2002
Hardwood Emporium.
Microsoft and the Passport Logo are either registered
trademarks or trademarks of Microsoft Corporation in the United States and/or
other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Hardwood Emporium BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF Hardwood Emporium OR A Hardwood Emporium AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Hardwood Emporium, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Mars, PA. Each party
shall bear its own cost of any legal representation, discovery, or research
required to complete arbitration.
Privacy
Please
review our Privacy Notice, which also governs your visit to this Site.
You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
Hardwood Emporium reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to Hardwood Emporium
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Hardwood Emporium for
any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Hardwood Emporium is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Hardwood Emporium or the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using such information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please
contact:
Hardwood Emporium
1084 Mars Evans City Rd
Mars PA, 16046
Phone:
724 625-2224
Fax:
Email: rob@marslumber.com
Disagreement with These Terms and
Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Hardwood Emporium Terms
and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Hardwood Emporium. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and Hardwood Emporium. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or otherwise shopping on the
Site. (References to "you" or "your" shall relate to the Customer; references to
"Hardwood Emporium" shall relate to Hardwood Emporium and its affiliates.) The terms and
conditions of this Sale Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement
between the Customer and Hardwood Emporium relating to the purchase or sale of goods
or services on the Site. The Sale Agreement may only be modified or terminated
with regard to goods or services that have been purchased or sold on the Site in
a writing signed by Hardwood Emporium. Electronic records (including signatures),
that are otherwise valid, shall be accepted under the Sale Agreement. The
Customer consents to receiving electronic records, which may be provided via a
web browser or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record provided in
non-electronic form by contacting Hardwood Emporium at the address provided
below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale
Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF PA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
USA COUNTY, PA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING
OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
Hardwood Emporium is Hardwood Emporium's responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
Export Sales
If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
Hardwood Emporium HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Hardwood Emporium IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by Hardwood Emporium
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, Hardwood Emporium makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing subject to change. For
all prices, products and offers, Hardwood Emporium reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While Hardwood Emporium uses
reasonable efforts to include accurate and up-to-date information on the Site,
Hardwood Emporium makes no warranties or representations as to the Site's accuracy.
Hardwood Emporium assumes no liability or responsibility for any errors or omissions
in the content on the Site.
Limitation of Liability
Hardwood Emporium WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Hardwood Emporium WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Hardwood Emporium 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.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Hardwood Emporium's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed.
The Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this Sale Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Mars, PA. Judgment on the award rendered by the arbitrator(s) may
be entered by any court having jurisdiction. Each party shall bear its own cost
of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon Hardwood Emporium
until accepted by Hardwood Emporium. Terms of payment are within Hardwood Emporium's
sole discretion. Invoices are due and payable within the time period noted on
the invoice, measured from the date of the invoice. Hardwood Emporium may invoice
parts of an order separately. Customer agrees to pay interest on all past-due
sums at the highest rate allowed by law. The Customer is responsible for sales
and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your
Hardwood Emporium account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Call for details.
Return Policy
The following refund policy applies to all products except
those stating their own refund policy with the product
description:
| • |
Hardwood Emporium offers a
14 days return policy on selected items based on manufacturer
return policies. For further information not listed, please contact your
Hardwood Emporium account manager. |
| • |
Please call 724 625-2224 or
e-mail our Returns Department at rob@marslumber.com to obtain a Return
Merchandise Authorization (RMA) number before shipping your product. NO
returns of any type will be accepted without an RMA number. For faster
service, please have the following information on hand when calling for an
RMA number: customer name, invoice number, serial number and nature of the
problem. |
| • |
All products returned MUST:
be 100 percent complete, contain ALL original boxes and packing materials,
have original UPC codes on the manufacturer boxes, contain all manuals,
blank warranty cards and other accessories and documentation provided by
the manufacturer. |
| • |
You are responsible for
shipping charges on returned items; Hardwood Emporium will match your shipping
method on your replacement or exchange item(s). |
| • |
Hardwood Emporium strongly
recommends you fully insure your return shipment in case it is lost or
damaged and you use a carrier that can provide you with proof of delivery
for your protection. |
| • |
If merchandise arrives
damaged: it is best to REFUSE it back to the carrier attempting delivery.
If you accept the package make sure it is noted on the carrier's delivery
record in order for Hardwood Emporium to file a damage claim. Save the
merchandise AND the original box and packing it arrived in, notify
Hardwood Emporium immediately to arrange for a carrier inspection and a pick
up of damaged merchandise. If you do not notify Hardwood Emporium of damaged
goods within the first 15 days of arrival, our regular return policy will
override any claim of damage, and will fall under all current manufacturer
restrictions. Call 724 625-2224 or your Hardwood Emporium account manager to
arrange for carrier inspection and a pick up of damaged merchandise.
|
| • |
DEFECTIVE returns can be
returned directly to Hardwood Emporium within 14 days from the
invoice date, at Hardwood Emporium's discretion for: credit, replacement,
exchange or repair. |
| • |
Manufacturer restrictions
do apply and are outlined in our detailed policy. Any item that is missing
the UPC can ONLY be replaced with the same item. After 14 days,
all manufacturers' warranties apply. |
| • |
NON-DEFECTIVE returns can
be accepted directly by Hardwood Emporium within 14 days from the
invoice date, at Hardwood Emporium's discretion for: credit, exchange. All
NON-DEFECTIVE returns are subject to a 0 percent restocking
fee. |
| • |
Due to manufacturers'
policies, Hardwood Emporium cannot accept returns of the following items for
exchange, replacement or credit FOR ANY REASON: (Hardwood Emporium
exceptions). DEFECTIVE merchandise can be returned for REPAIR ONLY to:
Hardwood Emporium, the manufacturer direct or any authorized service center in
your area. Additional manufacturers may be added to this list as:
manufacturer policies change, manufacturer goes out of business or in the
case of specially ordered items. |
Hardwood Emporium reserves the right to authorize product
returns beyond 14 days from the invoice date.
Original
shipping charges are refunded on returned items. Customers are
responsible for all shipping charges back to Hardwood Emporium on returned items,
and Hardwood Emporium will pay the shipping charges on the replacement or exchange
item(s) going back.
Credit Cards
Credit card charges are processed online after ordering the
products and/or services. Transactions will show up on your bankstatement
as, Mars Lumber Inc., 1084 Mars Evans City Rd., Mars, PA 16046,
724-625-2224.
