PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions that apply to your purchase from BlakeDecoration.com By placing an order, or submitting any purchase order to BlakeDecoration.com, Customer acknowledges reading, understanding, and agreeing to be bound by these terms and conditions without limitation or qualification. THESE TERMS AND CONDITIONS OF SALE APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH BLAKEDECORATION.COM, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN. These Terms and Conditions of Sale are subject to change without notice or obligation at any time, at the sole discretion of BlakeDecoration.com
Other Documents These Terms and Conditions of Sale may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document 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 BlakeDecoration.com
Inspection of Goods Upon Receipt CUSTOMER MUST EXAMINE ALL GOODS SOLD HEREUNDER PRIOR TO SIGNING FOR RECEIPT OF GOODS AT TIME OF DELIVERY. Any item(s) shipped via a common freight carrier, such as items that are not able to be shipped via United Parcel Service, must be carefully inspected and any damage noted on the freight bill at time of receipt. IF ANY ITEM IS DAMAGED OR MISSING, CUSTOMER MUST IMMEDIATELY NOTIFY AN BLAKEDECORATION.COM REPRESENTATIVE. BlakeDecoration.com will not consider any claim for damaged or missing items more than seven (7) days from the date of delivery.
Order Acceptance Policy Customer's receipt of an electronic or other form of order confirmation does not signify BlakeDecoration.com's acceptance of Customer's order, nor does it constitute confirmation of an offer to sell. BlakeDecoration.com reserves the right at any time after receipt of Customer's order to accept or decline the order for any reason, including but not limited to the unlikely event of BlakeDecoration.com's business, being interrupted due to a strike, labor disturbance, lockout, riot, fire, or any other cause which is beyond the reasonable control of BlakeDecoration.com.BlakeDecoration.com reserves the right at any time after receipt of Customer's order, without prior notice, to supply less than the quantity ordered of any item. Customer agrees to waive any damages incurred upon BlakeDecoration.com's cancellation of all or any portion of any order, except for a purchase price adjustment equal to the unit price of the cancelled portion of the order. BlakeDecoration.com reserves the right to require additional verification or information before accepting any order.
Payment Methods Payment for the goods sold hereunder will be made by PayPal payment services or some other prearranged payment method unless credit terms have been agreed to by BlakeDecoration.com.
All payments can be made in US Dollars, Euros or Mexican Pesos, at the rates accepted by BlakeDecoration.com.
Shipping Policy BlakeDecoration.com will use its best efforts to obtain supplier deliveries in time to meet Customer's requirements. Under no circumstances is BlakeDecoration.com responsible for any manufacturing or shipping delays, regardless of their cause. Customer will be charged $25 (USD) for any shipment that is refused, except in cases of refusal due to visible damage. Due to shipper restrictions, delivery is not available to post office boxes. All shipments are subject to stock availability. BlakeDecoration.com reserves the right to review shipping charges prior to accepting Customer's order. In cases where an additional shipping charge applies, such as items that must be shipped via a common freight carrier to residential addresses, a representative will advise you of such charges prior to accepting your order.
Prices and Taxes All prices are quoted in US Dollars (or Euros or Mexican Pesos using the exchange rate accepted by BlakeDecoration.com.), and are subject to change without notice or obligation. All sales and use taxes (if any) and surcharges (if any) will be charged in addition to the purchase price. The applicable taxes rates are for FloridaState residents (6%) and Mexican residents (10%).
Return Policy Goods sold hereunder may be returned to BlakeDecoration.com for replacement or refund within thirty (30) days from the invoice date. After thirty (30) days, BlakeDecoration.com do not accept any return. Non-defective items being returned for refund will be subject to a ten percent (10%) restocking charge. Once delivered, special order items may only be returned for replacement if defective, and not for any refund. The Customer is NOT able to cancel the special order once it is accepted by BlakeDecoration.com All refunds for non-defective items exclude shipping and handling charges. Defective items must be replaced with identical product. In order to receive a refund, item(s) must be returned with shipping pre-paid and clearly labelled with a Return Authorization number issued by BlakeDecoration.com All items must be in "as-new" resalable condition, in original packaging, and with all warranty cards, manuals, and accessories. If returned items fail to meet these requirements, any request for replacement or refund will be denied. All returns must be sent via some delivery method that you have received this package, or any other method in which the parcel is able to be traced. CUSTOMER IS RESPONSIBLE FOR GOODS BEING RETURNED UNTIL BLAKEDECORATION.COM RECEIVES SUCH GOODS. CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES. THIS RETURN POLICY IS NOT A WARRANTY. BLAKEDECORATION.COM RESERVES THE RIGHT TO CHANGE OR CANCEL THIS RETURN POLICY AT ANY TIME BEFORE ACCEPTING CUSTOMER'S ORDER.
Disclaimer as to Products Sold All products sold hereunder are guaranteed against manufacturer defects for 30 days from the invoice date. EXCEPT AS EXPRESSLY STATED HEREIN, BLAKEDECORATION.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER WITH RESPECT TO PRODUCTS SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BLAKEDECORATION.COM ARISING FROM ANY PRODUCT SOLD HEREUNDER SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL BLAKEDECORATION.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLAKEDECORATION.COM HAS NOT REPRESENTED THAT THE ANTICIPATED USE OF ANY GOODS SOLD HEREUNDER IS IN COMPLIANCE WITH BUILDING, FIRE, OR OTHER APPLICABLE SPECIALTY CODES.
Title, Risk of Loss, and Security Agreement Title to goods sold hereunder passes from BlakeDecoration.com to Customer at the time of shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by BlakeDecoration.com is BlakeDecoration.com's responsibility, provided goods were inspected at time of receipt and any damage noted as stated above. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Customer agrees to grant BlakeDecoration.com a security interest in all goods sold hereunder. Customer consents to the use of these Terms and Conditions of Sale as a Financing Statement. All goods sold hereunder shall remain at the place of delivery under Customer's ownership and free from all liens until the purchase price is paid in full. If the purchase price is not paid as agreed, BlakeDecoration.com may require Customer to assemble the goods sold hereunder and make them available to BlakeDecoration.com or its agents for repossession at the place of original delivery.
Typographical Errors In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, BlakeDecoration.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. BlakeDecoration.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or Customer's credit card has been charged. If Customer's credit card has already been charged for the purchase and the order is cancelled, BlakeDecoration.com shall immediately issue a credit to the credit card account in the amount of the incorrect price.
Jurisdiction and Venue Customer agrees that any legal action brought against BlakeDecoration.com shall be governed by the laws of the State of Florida (for USA or International customers) or the Mexican Laws (for Mexican customers) without regard to its conflict of law principles. Customer agrees that the sole jurisdiction and venue for any litigation arising from the use of, or orders made on, the BlakeDecoration.com site shall be an appropriate federal or state court located in Dade County, Florida.
Severability If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
Headings The section headings used herein are for convenience of reference only and do not form a part of these Terms and Conditions of Sale, and no construction or inference shall be derived therefrom.