TERMS OF SERVICE AGREEMENT
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU
HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE.
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES
OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 6/1/2009.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a
legally binding agreement that shall govern the
relationship with our users and others which may
interact or interface with Factorydirectfloorstore.com
in association with the use of the website which shall
be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Factorydirectfloorstore.com. At its discretion, Factorydirectfloorstore.com may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Factorydirectfloorstore.com does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Factory Direct Floor Store shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Factory Direct Floor Store shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
In no case shall Factory Direct Floor Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
After your order is placed, the product must be picked up within two weeks of its arrival date to our warehouse. After two weeks, we are not responsible for the availability of your product.
Changed, Canceled and Returned Orders
Orders can be adjusted or changed with no service charge, given that the adjustment is done prior to the order leaving the distribution warehouse. Order cancellations made after an order has left the distribution warehouse will be considered a return order and will be assessed a 25% cancellation and inventory restocking fee.
We are happy to accept returns on entire orders and partial orders at an authorized Return Center. Items must be returned within 30 days of the original sale date and be unopened and in resaleable condition. Returns are NOT VALID for promotional items (Special-Order, Clearance and Closeout) and transition moldings. A 25% inventory restocking fee is assessed on returns. Manufactures will only accept returns of 5 boxes or more. In the event shipment of the product is required, you are responsible for any/all shipping costs. Please package returns carefully so they arrive in safe condition.
Products are covered by manufacturer warranty. If you feel that you have a valid reason to use your warranty, you must file a claim with the manufacturer and have all of your paperwork ready, including paperwork for any tools, adhesives, installation or accessories used to install your flooring. Take pictures and notes about the damage, and then file your claim as soon as possible. Please contact our offices if you need assistance filing a claim . Most manufactures will require an independent licensed flooring inspector to determine if the claim is valid. Homeowner is responsible to hire and for any cost for the independent inspection.
It’s important to keep documentation from your installation to help support your case if you file a damage claim. If you used a professional contractor, be sure to save your contract, receipts and a list of all materials used. Photographs before, during and after construction can also help support a claim.
Product warranties come with several exclusions that the warranty does not cover. These include:
- Natural Wood Characteristics: With any natural product, variations within color and graining will be apparent in hardwoods. Natural visual characteristics are not considered defective if within the scope of hardwood grade.
- Natural Expansion – Flooring planks will contract and expand with temperature changes and humidity. Separation and spacing may occur between planks and will not be considered damage. Flooring that is damaged due to excess humidity or temperature change will not warrant a claim.
- Moisture Related Damage – Changes due to water damage are not covered.
- Sunlight Exposure – Hardwood species will change color when exposed to UV Light. This is not considered damage.
- Structural Support – Creaking or squeaking noises are not considered manufacturing defects, but more of an installation error or cause from moisture or temperature variations.
- Improper Installation – Any floors installed improperly, such as below grade or over unleveled surfaces will void warranty.
- In-Home Repair – Attempting to fix your hardwood at home and damage ensues will not be covered and will void the warranty.
- Failure to follow installation instructions.
- Failure to maintain and properly care for the flooring.
- See manufacture warranty and maintenance documents for complete list
Limitations on Liability
- Defect of goods must be proven by inspection procedures deemed proper by the manufacturer.
- Any visible defects noted after installation
- Building settling or uneven sub-floor
- Improper installation including installation by non licensed individual
- Improper maintenance or inadequate care
- Accidents, abuse, or misuse
- Furniture without felts pads or protective cover on feet or wheels
- Damages caused by exposed high heel shoes
- Water damage or damage caused by excessive sunlight