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Terms of Sale

 

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

 

This Agreement contains the terms and conditions that apply to customers for purchases from tilesbay.com which is a wholly owned subsidiary of Premier Worldwide LLC, a company registered in the state of GA, (hereinafter referred to as “Tilesbay.com”) and the Tilesbay.com entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Tilesbay.com, and/or the Tilesbay.com Internet Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Tilesbay.com, in which case the separate Agreement shall govern; or (ii) unless other Tilesbay.com standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Tilesbay.com’s sole discretion.

YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.

1. ORDER ACCEPTANCE POLICY

Customer’s receipt of an electronic or other form of order confirmation does not signify Tilesbay.com’s acceptance of Customer’s order, nor does it constitute confirmation of Tilesbay.com’s offer to sell. All orders are accepted in State of Georgia, United States. Tilesbay.com 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, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Tilesbay.com cancels Customer’s order, Tilesbay.com shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.

 

2. PAYMENT TERMS

Terms of payment are within Tilesbay.com’s sole discretion and unless otherwise agreed to by Tilesbay.com, payment must be received or otherwise authorized or secured in a form approved by Tilesbay.com prior to Tilesbay.com’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Tilesbay.com. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Tilesbay.com and the customer. Tilesbay.com may invoice parts of an order separately. Orders are not binding upon Tilesbay.com until accepted by Tilesbay.com (see Order Acceptance Policy). Any quotations given by Tilesbay.com will be valid for the period stated on the quotation. Tilesbay.com reserves the right to adjust or cancel quotations as required.

 

3. SHIPPING

Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer cannot be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Tilesbay.com’s suppliers, Tilesbay.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. All UPS / FedEx Small Package deliveries are sent out 'Deliver without Signature'. If you need ' Signature Required' service, you may contact us to do so after placing the order. This has an added fee. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Tilesbay.com within 24 hours from the time the shipment was delivered. (see 9. “Limitations on Damages”). Tilesbay.com shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported. In the unlikely case that goods are damaged, Tilesbay.com will arrange to either re-ship product (at the company’s expense) or provide to the customer a compensation credit for the value of the goods damaged. The Shipping rates shown are not Guaranteed Date Delivery Rates and should not be assumed to be the same. All delivery dates given and shown are Approx and can change based on prevailing circumstances.

 

4. TAXES

Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Tilesbay.com’s invoice.

 

5. TITLE RISK OF LOSS

Title to product passes from Tilesbay.com to Customer upon physical shipment of product to Customer by Tilesbay.com, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Customer assumes responsibility for the loss or damage during transit regardless of the carrier.

 

6. WARRANTIES

Tilesbay.com doesn’t provide any warranties once the product is installed or the return period has passed, whichever comes first. All transactions for returns or exchanges must be processed first through Tilesbay.com’s Returns Department. Customer is responsible for all shipping and handling charges of returns. Whenever possible, all items must be in “as new” condition, in original packaging and with all manuals and accessories, wherever applicable. The original packing slip must be included and the RMA number visible on the package. Tilesbay.com may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. Tilesbay.com’s Returns Department will advise Customer of the details specific to the claim.

 

7. PROMOTIONS

Tilesbay.com, at its discretion, may run special promotions including but not limited to price reductions from time to time. Any promotional offers are only valid on the orders placed and paid for during the advertised period of such promotions, and will not be honored on past purchases that have been shipped prior to the Promotion or on any future orders where a delayed shipping is required. If for any reason other than the Customer's request, Tilesbay.com is not able to ship an order and an item goes on a Special Promotion before shipping, the Customer may request Tilesbay.com to apply the Promotion on that order. Tilesbay.com, at any time, may cancel any Promotion at its discretion.

 

8. DISCLAIMER

Tilesbay.com 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. Tilesbay.com ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. Tilesbay.com DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. Tilesbay.com 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. Tilesbay.com 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 OTHER PRODUCTS SOLD BY Tilesbay.com.

 

9. LIMITATION ON DAMAGES

Tilesbay.com DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. Tilesbay.com 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 Tilesbay.com 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, Tilesbay.com 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).

 

10. Processed Orders

All orders are processed in the sequence they are received. However we have the right to change this with our without any notice. Any cancellation once the order is ready to ship has already incurred costs at the warehouse and we charge a nominal 5% fee to stock it back in. We recommend you to plan and give ample time for the order to be delivered before your scheduled installation. Please do get samples / lot pictures in advance to avoid such situations.

 

11. RETURN POLICY

Customers who purchase from Tilesbay.com can return product for any reason within 30 days of order and get a full refund excluding any shipping charges. You would have to initiate an RMA for that by contacting us on email. This process can take upto 3 days. The product must be returned in its entirety and in the same condition as when it arrived at the original destination and must not have been installed, removed and then returned. Tilesbay.com reserves the right to charge a 25% re-stocking fee on all returns. All costs associated with returns are Customer’s responsibility. The Customer is also responsible for providing proof of delivery on the returns if required by Tilesbay.com

Customers who purchase by the container-load may cancel their order and receive a full refund up until Tilesbay.com physically ships the product(s). Once the order is physically shipped, it is too late for the customer to cancel or change any order without incurring additional shipping costs and/or restocking fees as stated above.

 

12. NATURAL STONE DISCLAIMER

Natural stone products inherently lack uniformity and are subject to variation in color, shade, finish, etc. Shade variation is guaranteed in all natural stone products, and because these products are natural and not manufactured, no two pieces of natural stone are exactly alike. All sales for any natural stone on this website will assume your acceptance for the same. If however you have a specific shade criteria, we recommend you not to get the tiles shipped. Instead you should select the warehouse pickup option and assure yourself about the color variation before we ship this out.

 

13. No Open Box Policy

We follow a 'No Open Box Policy' which means for all products, we will not break open boxes to ship loose pieces. All orders need to be in multiples of the tiles per box, to make up to the next full box. In case this is not followed at the time of ordering the tile, we will have the right to do so. In this situation we reserve the right to charge the customer for the increased quantity / or refund in case the quantity is reduced, as the case may be.

 

14. CURRENCY

All references to monetary amounts, including prices, on the Tilesbay.com Website (the “Site”) and in this Agreement shall be in U.S. currency.

 

15. GOVERNING LAW

This Agreement and any sales thereunder shall be governed by the laws of Georgia State and the federal laws of the United States applicable therein, without regard to conflict of laws rules. Tilesbay.com and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by Tilesbay.com from its offices within the Georgia State, United States. The Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Georgia State, United States, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the Georgia State and the federal laws of the United States applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Georgia State and acknowledges that the user does so voluntarily and is responsible for complying with local laws.

 

16. ARBITRATION

All disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by a single arbitrator (the “Arbitrator”) pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55, as amended. The decision of the Arbitrator on all issues or matters submitted to the Arbitrator for resolution shall be conclusive, final and binding on all of the parties. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section 12.

 

17. OTHER DOCUMENTS

Other than as specifically provided in any separate formal purchase Agreement between Customer and Tilesbay.com, 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 void, unless otherwise agreed to in a written Agreement signed by both Customer and Tilesbay.com.

 

18. TERMS OF USE

Your access to, and use of the Site is governed by Tilesbay.com’s Terms of Use. By using this Site, you signify your acceptance without modification of these Terms of Use. The Terms of Use are subject to change without prior notice at any time, in Tilesbay.com’s sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.

 

19. 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.