1. INTRODUCTION TO OUR TERMS & CONDITIONS
Welcome to the terms and conditions for Flooret. These terms and conditions explain your rights and obligations. Please read them carefully as your continued use of this website indicates that you accept these terms and conditions. Please contact us with any enquiries, comments, or complaints.
1.1 Definitions - Your offer to purchase goods from Flooret, LLC (“Flooret”) or install Flooret goods, or both, is accepted by Flooret solely upon the terms and conditions stated below (“Terms and Conditions”). Any different or additional terms and conditions proposed by you are rejected and shall have no effect. These Terms and Condition, along with the applicable product warranty(ies) and the Installation Instructions which are included with each product purchased constitute the “Agreement” between you and Flooret. For the purposes of our Agreement, references to “Flooret” or the “Company” shall also include our subsidiaries, affiliates, agents, officers, directors, employees, successors, and assigns. References to “you” and “your” include the purchaser of the Flooret goods as well as the underlying consumer of the Flooret goods (if the Flooret goods are purchased by the contractor retained by the underlying consumer).
1.3. Variation of Terms and Conditions - We reserve the right to change these terms and conditions from time to time, and the amended terms will be posted on our websites.
2. PRODUCT DISPLAY AND PRICING
2.1. Site Content and Product Descriptions - Flooret does not accept liability for any errors and/or omissions contained on www.flooret.com (“the Site”), including but not limited to any product display page for any product listed for sale on the Site. Flooret reserves the right to change information, prices, specifications and descriptions for any goods, products or services displayed on the Site at any time and without notice and does not warrant that a product description or content on the Site is accurate, complete, reliable, current or error-free.
Flooret makes all reasonable efforts to accurately display the color, texture, and detail of products on the Site. Flooret, however, provides no guarantee that the color, texture or detail You see matches that of the subject product. Color, texture and detail variances may occur including but not limited to as a result of the monitor You utilize to view the products on the Site and the display settings and capabilities of such monitor.
2.2. Product Pricing - The price for a product shown on the Site's product display page for that product (each a "PDP") represents the full retail price for the product as set by (a) Flooret, where Flooret is the seller of the product or (b) the manufacturer or supplier of the product where the manufacturer or supplier is the seller of the product on the PDP (in either case, the “List Price”). For certain items that are offered as a set, the List Price may represent the aggregate or manufacturer or suppliers estimated or suggested retail price for each of the items included in the set.
For clarity, notwithstanding anything to the contrary contained in these Terms of Sale, the List Price does not include shipping and handling charges, customs, duties or any Taxes applicable to Your order.
You acknowledge that the placing of an item in a cart on the Site does not reserve the List Price for the subject product shown at that time. It is possible the List Price of the item in Your cart may increase or decrease between the time You place an item in Your cart and the time You purchase the subject product. Flooret will have no obligation to fulfill an order for a product that was advertised at an incorrect List Price. If an error is discovered in the List Price of a product or service that You have ordered, Flooret will inform You as soon as is reasonably possible. You will be advised of the correct List Price for the subject product and provided the opportunity to order the product at the correct List Price via a separate transaction (subject to all other terms and conditions of these Terms of Sale). If You have already paid for the subject product at the incorrect List Price, Flooret will refund You the full amount paid subject to these Terms of Sale.
3.1. Order Processing - Flooret reserves the right at any time after the receipt of your order to decline, refuse or cancel your order for reasonable cause, which includes, but is not limited to, any of the following: (i) lack of availability of product ordered; (ii) failure by you to fulfill the payment terms; (iii) product pricing errors; (iv) restrictions or prohibitions on the sale or use of the product; (v) if Flooret believes, in its sole and absolute discretion, that your order is made for commercial resale purposes; or (vi) your breach of any of this Terms and Conditions. Your receipt of an order confirmation does not signify Flooret’s acceptance of your order or constitute Flooret’s offer to sell You goods.
3.2. Custom and Special Orders - Certain items may be custom or special ordered from Flooret (“Custom Order”). Notwithstanding anything to the contrary set forth in these Terms and Conditions, once a Custom Order has been accepted and paid, the Custom Order may not be changed or canceled and is non-refundable.
3.3. Container Orders - Certain items may be ordered from Flooret by the container (“Container Order”). Container Order lead times may vary significantly depending on the item ordered and final delivery location. Notwithstanding anything to the contrary set forth in these Terms and Conditions, delivery of a Container Order must be arranged with a Flooret customer service representative as the delivery options vary based on the products ordered and the delivery location. All other terms with respect to delivery continue to apply to Container Orders.
3.4. Order Changes - You may request a change to any order, other than Custom Orders and Container Orders, so long as you: (i) agree to any applicable additional charges; (ii) agree to any applicable changes to the cost of shipping, handling and delivery; (iii) acknowledge that order changes may result in the delay of delivery of your order; (iv) agree to submit any order change requests by email to Flooret at firstname.lastname@example.org; and (v) ensure that the order change request is received by and acknowledged by Flooret prior to delivery of the order.
3.5. Order Cancellations - Except for Custom Orders and Container Orders which may not be canceled, you may cancel any other order at any time prior to shipment (product leaving Flooret’s warehouse), subject to these Terms and Conditions. Cancellation requests must be sent by email to Flooret at email@example.com and must be received and acknowledged by Flooret prior to delivery to be valid.
4. PURCHASE PRICE AND PAYMENT TERMS
One hundred percent (100%) payment for the product and shipping is due upon execution of your purchase order and prior to shipment; provided, however, that Container Orders only require fifty percent (50%) payment at the time the Container Order is placed with the remaining balance paid prior to shipment. You must pay for the purchase order by approved credit card, wire transfer, electronic funds transfer or other prearranged payment method agreed to by Flooret in writing. All payments and other references to monetary amounts including prices shall be in U.S. currency. You agree to pay and are solely responsible for all sales, use, excise, value-added or similar tax or charge, or customs duty or import tax which might be levied as a result of the production, sale or shipment of the goods or your use of the goods.
5. SHIPPING AND DELIVERY
Flooret offers delivery to street addresses located throughout the United States and Canada. Shipping is not available to post office boxes. Flooret will deliver the goods ordered to the shipping address you provide at the time of purchase and indicated on the invoice for your order (“Shipping Address”). Flooret is not liable for any damages or loss of shipment by any carrier. If any goods are lost during shipment or damaged prior to delivery, Flooret will replace the goods ordered. Any delivery dates quoted are estimates only, are subject to change and are not guaranteed (if you require guaranteed delivery on a specific date or time, please request a custom quote). Flooret shall not be liable for any loss or expense incurred by you as a result of any delay. If Flooret’s ability to fulfill your purchase order is curtailed or suspended for any reason, deliveries may, at Flooret’s option, be cancelled or be proportionately curtailed and then, at Flooret’s option, resumed upon the removal of the cause so interfering with Flooret’s ability to fulfill your purchase order until the entire quantity purchased has been delivered. Flooret shall have the right to allocate its available supply of goods among its customers and affiliates in such a manner as Flooret determines in its sole discretion.
6. INSPECTION OF GOODS; ACCEPTANCE/REJECTION
You and/or your installer must carefully inspect all goods delivered prior to signing the delivery receipt. It is your responsibility to note any and all damage on the delivery receipt with the freight company’s driver. Flooret does not accept damage claims without written documentation on the delivery receipt. To protect yourself, notate all damage, take photos while the product is still palletized, and immediately contact Flooret to report any freight damage. Failure to report damage with the freight carrier during delivery shall constitute acceptance of the delivered goods.
You agree to be bound by the terms and conditions of Flooret’s return policy set forth here.
8. LIMITED WARRANTY
Flooret warrants all goods purchased in accordance with the terms of its standard warranty for each product, as modified from time to time in Flooret's sole discretion. Flooret's sole obligation to the initial purchaser or initial underlying consumer of any product shall be limited to the repair or replacement, at Seller's option, of defective products returned to Seller at the sole expense of the initial purchaser or initial underlying consumer.
THE FOREGOING REMEDIES ARE EXCLUSIVE. FLOORET MAKES NO OTHER EXPRESS WARRANTY. TO FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FLOORET DISCLAIMS, AND YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FLOORET SHALL IN NO CIRCUMSTANCES BE LIABLE IN CONTRACT, IN TORT OR OTHERWISE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE. NO EMPLOYEE OR REPRESENTATIVE OF SELLER IS AUTHORIZED TO MODIFY THIS WARRANTY, OR SELLER'S STANDARD WARRANTY FOR ANY PRODUCT.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLOORET’S TOTAL LIABILITY FOR ANY COST, LOSS, DAMAGE OR OTHER POTENTIAL OR ACTUAL EXPENSES ARISING DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE AND SALE OF THE GOODS SET FORTH IN YOUR PURCHASE ORDER, SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE GOODS WITH RESPECT TO WHICH ANY CLAIM IS MADE, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL FLOORET BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL, ECONOMIC, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR LOSS OF USE) EVEN IF FLOORET IS INFORMED OF OR IS OTHERWISE AWARE OR SHOULD BE AWARE OF THEIR LIKELIHOOD. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLOORET SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE. NOTWITHSTANDING ANYTHING CONTAINED IN THIS LIMITATION OF LIABILITY, SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10.1. Force Majeure - If the performance of this Agreement or any obligation hereunder, except the making of payments hereunder, is prevented, restricted or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident; strikes or labor disputes; inability to procure materials, supplies or power; war or other violence; any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency; or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take all reasonable steps to avoid or remove such causes of nonperformance and shall resume performance hereunder with dispatch whenever such causes are removed.
10.2. Notices - Any notice required to be given hereunder shall be in writing and shall be deemed to have been sufficiently given: (i) the day it is delivered in person, (ii) on the next business day after mailing by overnight courier service or, where overnight courier service is unavailable, by other expedited delivery provided by a recognized express courier, or (iii) on the fifth business day if delivered by first-class, prepaid US mail. To be effective, notice must be sent to Flooret at the following:
2830 Willamette Dr. NE
Lacey, WA 98516
With a courtesy copy, which shall not constitute notice, to:
Black + Deen, LLP
Attn: Matthew W. Deen, Esq.
1620 Fifth Avenue, Suite 875
San Diego, CA 92101
10.3. Jurisdiction and Disputes - This Agreement, including, but not limited to, its validity, interpretation, construction, performance, and enforcement, shall be construed in accordance with and governed by the laws of the State of California (without giving effect to its conflicts of law principles). Any party bringing a legal action or proceeding against the other arising out of or relating to this Agreement or the transactions its contemplates shall bring the legal action or proceeding in federal or state courts located in San Diego County, California. Each party consents to the exclusive jurisdiction of said courts for the purpose of all legal actions and proceedings arising out of or relating to this Agreement or the transactions it contemplates. Each party agrees that the exclusive choice of forum set forth in this Section does not prohibit the enforcement of any judgment obtained in that forum or any other appropriate forum. Each party waives, to the fullest extent permitted by law, any objection which it may now or later have to the venue agreed upon herein, and any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
10.4. Agreement Binding on Successors - The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective permitted successors and assigns. Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any person, partnership, or corporation, other than the parties, their successors and assigns, any benefits, or rights under or by reason of this Agreement, except to the extent of any contrary provision herein contained.
10.5. Assignment - You may not assign or otherwise transfer in whole or in part, by operation of law or otherwise, any of your rights under this Agreement, without the express written consent of Flooret.
10.6. Waivers - The failure by Flooret to enforce any of the provision of this Agreement at any time, or to exercise any election or option provided herein, shall in no way be construed as a waiver of such provisions or options, nor in any way to affect the validity of this Agreement or any part thereof, or the right of Flooret thereafter to enforce each and every such provision.
As to the enforcement of your rights or the exercise of any election or option that you might have under this Agreement, time is of the essence.
10.7. No Other Warranty or Representation - You hereby acknowledge and agree that you have not entered into this Agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein.
10.8. Entire Agreement - These Terms and Conditions, along with each applicable product warranty, and along with the Installation Instructions for each product purchase constitutes the entire Agreement between you and Flooret and supersedes all prior agreements, negotiations, and understandings of the parties with respect thereto. No representation, promise, modification or amendment shall be binding upon either party as a warranty or otherwise unless in writing and signed on behalf of each party by a duly authorized representative. Although you may place an order on a form that is different than Flooret’s purchase order form, all orders will be governed by these Terms and Conditions, and any term or condition set forth in any such other form which is inconsistent with or in addition to these Terms and Conditions shall have no force or effect.
10.9. Severability - If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, if the essential Terms and Conditions remain valid, legal and enforceable. Without limiting the previous sentence, the parties acknowledge and agree that the provisions of Sections 1, 2, 3, 4, 6 and 7 constitute the essential elements of the Terms and Conditions. If any essential provision is held invalid, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to fulfill, as closely as possible, the original intent and purposes of the Agreement.
Please contact us by phone at 1-800-700-8122 or by mail at 2830 Willamette Dr. NE, STE A, Lacey, WA 98516 with any questions regarding our Terms & Conditions.