terms and conditions
If you visit or shop at sandiegomarbletile.com, you accept these conditions. – please read them carefully.
This Agreement contains the terms and conditions that apply to customers who visit tileliving.com, a service of Alkal Tile Inc., trading as San Diego Marble & Tile, (hereinafter referred to as the “company” collectively). Customer agrees to be bound by and accepts this Agreement as applicable.
As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in the sole discretion of “company”.
Your acceptance of these terms and conditions of sale is included in your acceptance of the terms and use of this website.
Order Acceptance Policy
Customer’s receipt of an electronic or other form of order confirmation does not signify “company” acceptance of Customer’s order. The “company” 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 the “company” cancels Customer’s order, the “company” shall issue a refund equal to the amount remitted for the unaccepted or cancelled order. The “company” liability is limited to refund of funds paid for the product only and at no time will company be responsible for any other costs arising from the cancellation of the order. (see below “Limitation of Damages”)
The “company” will charge customer for products only once “company” has secured the product for the customer and has secured the product’s availability, unless said product is a sample order or special order. Payment for the products will be made by approved credit card, wire transfer, money order, electronic funds transfer or some other prearranged payment method agreed to by the “company”. The “company” reserves the right to adjust or cancel quotations and or orders as required.
Customer may cancel order for any or no reason without penalty if the product ordered has not yet shipped. The “company” reserves the right to change this policy and charge customer a fee for cancellation under certain circumstances. If “company” wishes to change the policy on a case by case basis, “company” will notify customer of this change prior to accepting the order from customer. Customer may cancel order if the order is “back-ordered” or partially “back-ordered. However, if customer chooses not to cancel the order and the partial order is shipped then customer will be charged a fee for any cancellation. Special orders cannot be canceled and would be subject to fees if order is refused at delivery.
It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. If customer does not advise the “company” of a special requirement in order to receive the product and therefore causes a situation in which delivery cannot be made, then customer assumes all additional costs that may be associated with that situation. 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 the “company” suppliers, the “company” 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. 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 the “company” within ten (10) days from the date the shipment was delivered, by email email@example.com.The “company” 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 a case in which customer decides to return product under our 30 day money back guarantee, shipping will be the total responsibility of the customer. The “company” will not pay return shipping. It will also be the sole responsibility of the customer to insure that the product is properly packaged as to reduce the chance of damage. The “company” will not accept and therefore not refund any product that was not first discussed with “company” representative and approved for return and will not accept any opened or used product.
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 checkout page
Risk of Loss
Title to product passes from the “company” to Customer upon completion of shipment of product to Customer by “company”, Loss or damage to products that occurs during shipping by a carrier selected by the “company” shall be the responsibility of the “company”.
Any warranties set out in this agreement are manufacturer-specific warranties for the product(s). The “company” 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. The “company” also disclaims any implied warranty arising out of trade usage or out of a course of dealing or course of performance. The “company” does not warrant that the product(s) will be error-free, or warrant that each defect will be corrected. The “company” 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. While every effort is made to insure that the pictures on the tileliving.com website reflect the true look of the product the “company” does not guarantee that the pictures of all products displayed on the tileliving.com website are exact depictions of the products, size, texture or color and shall not be responsible for any loss that may be incurred due to such an inaccuracy.
Limitation of Damages
The “company” does not accept liability beyond the remedies set forth herein. The “company” 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 the “company” 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, the “company” 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).
All references to monetary amounts, including prices, on the tileliving.com website and in this Agreement shall be in U.S. currency.
This Agreement and any sales thereunder shall be governed by the laws of California State and the federal laws of the United States of America, without regard to conflict of laws rules.
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 Arbitration shall be held in San Diego, California according to the rules of arbitration that apply in California state. 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.
Other than as specifically provided in any separate formal purchase Agreement between Customer and the “company” 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 the “company”.
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.