TERMS OF USE
Last Modified August, 2018
Welcome to TileEstate.com (“this Website”), owned and operated by Tile Estate Inc., a New York corporation (“Tile Estate”, ”we” or “us”).
By using our Website and/or any services offered on our Website, you agree to be bound by these Terms of Use. We may modify these Terms of Use from time to time and such modification shall be effective upon its posting to our Website. Your continued use of our Website signals your agreement to be bound by any changes to our Terms of Use.
Furthermore, by placing an order in our store, you agree to be bound by our Store Policies.
Term
These Terms of Use shall remain in full force and effect for the duration of your use of our Website. The most recently updated terms of use will govern over previous versions of this document. If you are referring to terms of use with regard to activity or transactions completed in the past, then the version of the terms of use immediately preceding the activity or transactions will govern.
Use of the Website
Our Website is intended for people of at least 18 years of age. If you are under 18 years of age, you represent and warrant that you have permission from your parent or guardian to use our Website, including permission to make purchases. If you access our Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of the territory from which you access our Website.
Our Website provides information about Tile Estate, our business, products, and services, including the ability to purchase products. Tile Estate makes no representation or warranty that the information provided (the “Content”), regardless of its source, is accurate, complete, reliable, current, or error-free. Tile Estate disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material provided on the Website, in our sole discretion and without notice. Tile Estate is not liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
It is a condition of your use of the Website that all the information that you provide on the Website is correct, current, and complete. You agree that all information that you provide to Tile Estate, including but not limited to information provided to register to this Website, to place orders, or information provided through the use of website features, is governed by our Privacy Policy, and you consent to all actions that we take with respect to your information consistent with our Privacy Policy.
In order to use tileestate.com, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Tile Estate will always be accurate, correct, and up to date. You will not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose. You may not, in the use of our services, violate any laws in your jurisdiction. You agree to notify us immediately upon your discovery of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You may opt-out of any emails from us at any time, except for emails related to contributions received by us, by following the instructions contained in those emails or updating your own internet, email, or account settings.
Links from the Website
The Website may contain links to other sites and resources provided by third parties, including but not limited to links contained in advertisements, banner advertisements and sponsored links. We have no control over the content of third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use on such websites.
Order Confirmation and Shipping
We will email you to confirm the placement of your order and share details concerning product delivery. In the event that there is an error regarding your order within this email confirmation, it is your responsibility to inform us of the error within 2 days of delivery of the email to your inbox.
We do our best to describe and display the products that we offer as accurately as possible. However, please do not accept that the Website is entirely accurate, current, or error-free.
Product dimensions are sometimes converted to inches and feet from manufacturer units of measurement. When using our Website, whether for informational purposes or to place orders, you consent that you understand that dimension conversions are rounded.
Dimensions of a mosaic mesh include the spaces between individual pieces on a mesh. The listed square footage of such pieces incorporates these spaces as part of the total square footage.
Samples are final sale. We do not issue returns on samples.
We reserve the right to stop offering any of our products at our discretion. You are not guaranteed to be able to make purchases of previously purchased products at any point in the future.
We may make changes or correct errors in pricing when necessary. Your shopping cart will reflect the most up-to-date price. Prices exclude shipping and handling charges, which will be calculated at checkout. Sales tax may be applied where applicable.
Price held in shopping cart does not reserve that price for the product at that time. Prices are reserved only after an order is submitted. A previous order does not guarantee a price for any future orders of the same product.
In the case that there is mispricing, Tile Estate will: charge you the lower price if the item’s correct price is lower than stated, or contact you for instructions if the correct price of an item is higher than stated. We reserve the right to cancel an order in the event of mispricing.
Images
We make great efforts to bring you the most high-quality, accurate images, to help you envision what the product of your choice will look like. However, we strongly encourage you to order a sample of any piece before you place a full order, so that you inspect what the true tile looks like. You should not rely on images alone to determine how tile will appear within a space. Factors such as lighting, grout color, other products within the space, and quality of installation can affect how the final installation looks.
We cannot guarantee that the image color that you see on your electronic device will exactly match the color that you see when you receive the tile. Color can change significantly from one electronic screen to another depending upon your device and settings.
Our installation images (meaning images of tile within an interior space) are meant to help you imagine how the tile looks on a wall. We hope that these images will be helpful to you in making your product selection. However, you should view these images as suggested examples, not as an indication of exactly how you should expect your final installation to look.
Shipping
Most orders will ship via a carrier with curbside delivery only. You will be contacted by the carrier to arrange a delivery time. You must provide contact information, including phone number and email, at which you can be reached to arrange delivery and to accept the delivery on the delivery day. You must accept and inspect the shipment when it is delivered.
Should you choose to grant permission to a party other than yourself to accept and inspect your delivery, you must ensure that that the third party is reachable via the contact information that you provide to us, to arrange delivery and to accept and inspect the goods. Tile Estate is not responsible for any error, misjudgment, or oversight made by person(s) appointed by you to accept and inspect deliveries.
Damages
Claims for damaged product must be submitted within five days of delivery of the product. If no claim is received within five days, it is understood and agreed that you are satisfied with the product.
To create a damage claim, email info@tileestate.com with ALL of the following information (claims will not be considered complete unless all information is included):
Item SKU number
Date of delivery
Number of pieces damaged
Photos of all damaged pieces
Telephone number where you can be reached
Damage claims will not be accepted for product that is already installed.
Tile is a highly breakable product, and regardless of how well it is packed, up to 5% breakage is an industry standard. If under 5% of tile in your order is chipped or broken, we will not issue a damage claim for the order. The broken pieces can often be used for edges or fills during installation.
Product Variation
Some variation/imperfection among pieces of tile is an intrinsic part of these products. Such as:
-Slight variations in size
-Slight variations in color
-Imperfection in tile edges
We will not honor damage claims for such variation.
Some tiles, such as natural stone, vary significantly in color and appearance from one piece to the next, as you would expect various parts of a stone to vary. If a piece includes a SHADE VARIATION warning on the product page, damage claims will not be accepted because of variations in color and design from piece to piece.
Some tiles come in collections of several different patterns that are meant to be mixed and matched when installed. If a product has a VARIED PRINTS warning on the product page, we do not have control over the variety of patterns in each box, and we cannot accept claims because you dislike some of the patterns included.
Product Information
Dimensions and other specifications are furnished to TileEstate by the manufacturer. In the event of damage claims due to incorrect product information, the manufacturer may be held liable for the refund. In this case, we may have to wait on the manufacturer to issue the refund.
Returns
If you would like to return an item (not due to damage), you must request a return within 30 days of delivery of that product. To request a return, please email info@tileestate.com with ALL of the following information (requests will not be considered complete unless all information is included):
Item SKU number
Date of delivery
Reason for return
Number of boxes returning
Telephone number, where you can be reached
Tile Estate will respond to your return request with an authorization to return. Do not ship products without the authorization.
Unless otherwise indicated returns are accepted for full boxes only. Tile Estate will not accept returns of partial boxes or individual pieces.
There will be a 25% restocking fee on all returns.
Customer must arrange and pay for shipping on returns.
Returns will not be accepted if they arrive damaged. They must arrive in the same condition as sent, in the original packaging.
We will only issue refunds on returns after goods are received by us in satisfactory condition. The restocking fee will be deducted from the return funds.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Tile Estate, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
You may not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by TILE ESTATE. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Lawful Purpose
You may use the Website and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS TILE ESTATE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
Linking to the Website and Social Media Features
You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Disclaimer of Warranties. TILE ESTATE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR CONTAINED ON THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Limitation on Liability
IN NO EVENT WILL TILE ESTATE , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless TILE ESTATE , its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law. These Terms of Use are governed by the laws of the State of New York, without regard to its conflict of laws provisions, and any legal action brought related to these Terms or your use of the Website shall be brought in the state or federal courts for the District of New York, and you further agree to submit to the sole and exclusive jurisdiction and venue thereof.
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