TERMS AND CONDITIONS OF SALE
Last Updated: January 25, 2022
Thank you for shopping at iCabinetry! Before you complete your order, we'll need you to review and agree to our terms and conditions. Please review these carefully; they are binding on you.
We value our customers and take pride in our top-notch customer service. We will do our very best to work with you on any issues that come up. However, please understand that all of our products are custom made to your specifications. Once your place an order, we invest in the process of creating your unique cabinetry. Therefore, we are unable to accept returns or cancellations. We appreciate your understanding.
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- THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE REVIEW THEM CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products through www.icabinetrydirect.com (this "Site"). These Terms are subject to change by iCabinetryDirect.com LLC (referred to as "us", "we", or "our") without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated" date above. You should review these Terms prior to purchasing any product that is available through this Site. Your continued use of this Site after the "Last Updated" will constitute your acceptance of and agreement to such changes.
- Order Acceptance. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. If, after accepting your order, we determine, in our sole discretion, that we will not be able to fulfill your order for reasons beyond our reasonable control, then we may cancel your order by providing notice to you and will have no further obligations or liability with respect to the order.
- Customized Products; Dimensions. All of the products offered through this Site are designed and custom built to the specifications described on this Site. We will provide products that conform to those specifications. However, all measurements, and dimensions, and ensuring that the products will fit as desired, are your responsibility and we will not be responsible or liable for those or for any products that do not fit as desired.
YOU ARE RESPONSIBLE FOR ENSURING THAT THE MEASUREMENTS, DIMENSIONS, AND SPECIFICATIONS OF THE PRODUCTS ARE COMPATIBLE WITH YOUR SITE. WE WILL NOT BE RESPONSIBLE FOR THAT OR FOR CORRECTING ANY ERRORS THAT YOU MAKE REGARDING THE SAME.
In the event that we make an error with respect to the specifications described on this Site, we will not be responsible or liable for labor to modify or correct the error; instead, if appropriate, we will work with you to pursue suitable replacement products.
- No Installation; Proper Care.
- We do not provide installation services. It is your responsibility to install products or have them installed by a professional. We will not be responsible or liable for any damages, issues, losses, or other liabilities arising from the installation of products or the modification of products by you, any contractor, or any other person.
- The products offered through this Site must be stored in a proper climate-controlled environment. Products should not be subjected to extreme temperatures or humidity. In general, interior relative humidity must be maintained between 25% - 55% and temperature must be maintained between 55 - 80 degrees Fahrenheit. Further, the installation site must be properly maintained prior to the delivery and/or installation of the products and thereafter. We will not be responsible or liable for any issues with products or installation sites that are not maintained within these guidelines or otherwise properly maintained and climate controlled.
- Prices and Payment Terms.
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your order and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept most major credit cards. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on this Site at the time of your order.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process.
- You will accept delivery of the products when they are ready. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in in shipping or delivery.
YOU UNDERSTAND THAT THE COVID-19 PANDEMIC HAS CAUSED SUPPLY CHAIN ISSUES, DISRUPTED MANUFACTURING PROCESSES, AND RESULTED IN OTHER CHALLENGES THAT HAVE OR MAY CAUSE SIGNIFICANT DELAYS IN SHIPPING OR DELIVERY TIME. WE STRIVE TO PROVIDE ACCURATE ESTIMATED DELIVERY TIMES, HOWEVER THE ACTUAL SHIPPING AND DELIVERY TIMES ARE OUT OF OUR CONTROL AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAYS IN SHIPPING OR DELIVERY, WHETHER CAUSED BY THE COVID-19 PANDEMIC OR OTHERWISE. YOU MAY NOT CANCEL OR OTHERWISE MODIFY YOUR ORDER BASED ON DELAYS IN SHIPPING OR DELIVERY.
- No Cancellations, Returns, or Refunds. OUR PRODUCTS ARE SPECIFICALLY DESIGNED AND CUSTOM BUILT FOR EACH ORDER. AS A RESULT, ALL ORDERS ARE FINAL AND MAY NOT BE CANCELLED, RETURNED, OR REFUNDED FOR ANY REASON INCLUDING, WITHOUT LIMITATION, DELAYS IN SHIPPING OR DELIVERY.
For defective returns, please refer to the manufacturer's warranty (see 8) included with the product or as detailed in the product's description on our Site.
- Manufacturer's Warranty and Disclaimers. We do not manufacture or control any of the products offered on our Site. Accordingly, we do not provide any warranties with respect to the products offered on our Site. However, the products offered on our Site may be covered by the manufacturer's warranty as detailed in the product's description on our Site and/or included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty, if any.
If you receive a damaged or defective product, we will attempt to work with the manufacturer to obtain a replacement. However, the replacement is ultimately up to the manufacturer. IN THOSE CIRCUMSTANCES, YOUR ONLY REMEDY IS TO PURSUE A REPLACEMENT PRODUCT FROM THE MANUFACTURER. WHILE WE WILL ATTEMPT TO WORK WITH THE MANUFACTURER TO OBTAIN A REPLACEMENT FOR YOU, WHETHER THE MANUFACTURER PROVIDES A REPLACEMENT PRODUCT IS OUTSIDE OF OUR CONTROL AND WE CAN NOT GUARANTEE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE SAME.
WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) FIXING OR REPAIRING, OR LABOR FOR FIXING OR REPAIRING, ANY DAMAGED OR DEFECTIVE PRODUCT, (B) ANY ATTEMPTED FIX OR MODIFICATION OF THE PRODUCT OR (C) WAITING TIME OR TIME SPENT REPAIRING OR REPLACING A DAMAGED OR DEFECTIVE PRODUCT.
EXCEPT FOR WARRANTIES OFFERED BY A MANUFACTURER, IF ANY, ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU, IF ANY.
- Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT THAT YOU PAID TO US FOR THE PRODUCT(S) AT ISSUE THAT YOU ORDERED THROUGH OUR SITE.
- Force Majeure. We will not be responsible or liable to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
- Dispute Resolution and Binding Arbitration.
- YOU AND US ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this 14. (The AAA Rules are available at www.adr.org/sites/default/files/Consumer-Rules-Web.pdf or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers or Amendments. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. None of our representatives or agents, unless expressly authorized by us in writing, has the authority to waive or amendment any of these Terms. You should assume that any of our representatives or agents that you talk to or correspond with do not have authority to waive or amend these Terms.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to this Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms, you must contact us: (i) by email to firstname.lastname@example.org; or (ii) by personal delivery, overnight courier, or registered or certified mail to iCabinetryDirect, Attn: Customer Relations, 1222 SE 47th Street #C-1, Cape Coral, Florida 33904. We may update the email or mailing address for notices to us by posting a notice on this Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.