PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from Backsplash Tile USA which is a wholly owned subsidiary of Premier Worldwide LLC, a company registered in the state of GA, (hereinafter referred to as “Backsplash Tile USA”) and the Backsplash Tile USA entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Backsplash Tile USA, and/or the Backsplash Tile USA Internet Website hereinafter named the “Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Backsplash Tile USA, in which case the separate Agreement shall govern; or (ii) unless other Backsplash Tile USA standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Backsplash Tile USA’s sole discretion.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify Backsplash Tile USA’s acceptance of Customer’s order, nor does it constitute confirmation of Backsplash Tile USA’s offer to sell. All orders are accepted in State of Georgia, United States. Backsplash Tile USA 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 Backsplash Tile USA cancels Customer’s order, Backsplash Tile USA shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Backsplash Tile USA’s sole discretion and unless otherwise agreed to by Backsplash Tile USA, payment must be received or otherwise authorized or secured in a form approved by Backsplash Tile USA prior to Backsplash Tile USA’s acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Backsplash Tile USA. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Backsplash Tile USA and the customer. Backsplash Tile USA may invoice parts of an order separately. Orders are not binding upon Backsplash Tile USA until accepted by Backsplash Tile USA (see Order Acceptance Policy). Any quotations given by Backsplash Tile USA will be valid for the period stated on the quotation. Backsplash Tile USA reserves the right to adjust or cancel quotations as required.
Shipping is done to the address as on the order and no change is allowed once the order is placed on the website. Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when the shipment is made. Shipping rates are for standard pick-up and delivery only. 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 Backsplash Tile USA’s suppliers, Backsplash Tile USA 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. All UPS / FedEx Small Package deliveries are sent out 'Deliver without Signature'. If you need ' Signature Required' service, you may contact us to do so after placing the order. This has an added fee. 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 Backsplash Tile USA within 24 hours from the time the shipment was delivered. (see 9. “Limitations on Damages”). Backsplash Tile USA 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 the unlikely case that goods are damaged, Backsplash Tile USA will arrange to either re-ship product (at the company’s expense) or provide to the customer a compensation credit for the value of the goods damaged. The Shipping rates shown are not Guaranteed Date Delivery Rates and should not be assumed to be the same. All delivery dates given and shown are Approx and can change based on prevailing circumstances.
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 Backsplash Tile USA’s invoice.
5. TITLE RISK OF LOSS
Title to product passes from Backsplash Tile USA to Customer upon physical shipment of product to Customer by Backsplash Tile USA, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Customer assumes responsibility for the loss or damage during transit regardless of the carrier.
Backsplash Tile USA doesn’t provide any warranties once the product is installed or the return period has passed, whichever comes first. All transactions for returns or exchanges must be processed first through Backsplash Tile USA’s Returns Department. Customer is responsible for all shipping and handling charges of returns. Whenever possible, all items must be in “as new” condition, in original packaging and with all manuals and accessories, wherever applicable. The original packing slip must be included and the RMA number visible on the package. Backsplash Tile USA may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. Backsplash Tile USA’s Returns Department will advise Customer of the details specific to the claim.
Backsplash Tile USA, at its discretion, may run special promotions including but not limited to price reductions from time to time. Any promotional offers are only valid on the orders placed and paid for during the advertised period of such promotions, and will not be honored on past purchases that have been shipped prior to the Promotion or on any future orders where a delayed shipping is required. If for any reason other than the Customer's request, Backsplash Tile USA is not able to ship an order and an item goes on a Special Promotion before shipping, the Customer may request Backsplash Tile USA to apply the Promotion on that order. Backsplash Tile USA, at any time, may cancel any Promotion at its discretion.
Backsplash Tile USA 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. Backsplash Tile USA ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. Backsplash Tile USA DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. Backsplash Tile USA 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. Backsplash Tile USA FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS, WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY LOCKING/CONNECTING SYSTEM(S) USED BY MANUFACTURERS OF LAMINATE, ENGINEERED WOOD, OR OTHER PRODUCTS SOLD BY Backsplash Tile USA.
9. LIMITATION ON DAMAGES
Backsplash Tile USA DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. Backsplash Tile USA 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 Backsplash Tile USA 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, Backsplash Tile USA 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).
10. Processed Orders
All orders are processed in the sequence they are received. However we have the right to change this with our without any notice. Any cancellation once the order is ready to ship has already incurred costs at the warehouse and we charge 15% fee to stock it back in. We recommend you to plan and give ample time for the order to be delivered before your scheduled installation. Please do get samples / lot pictures in advance to avoid such situations.
11. RETURN POLICY
Customers who purchase from Backsplash Tile USA can return product for any reason within 30 days of order and get a full refund excluding any shipping charges. You would have to initiate an RMA for that by contacting us on email. This process can take upto 3 days. The product must be returned in its entirety and in the same condition as when it arrived at the original destination and must not have been installed, removed and then returned. Backsplash Tile USA reserves the right to charge a 25% re-stocking fee on all returns. All costs associated with returns are Customer’s responsibility. The Customer is also responsible for providing proof of delivery on the returns if required by Backsplash Tile USA
Customers who purchase by the container-load may cancel their order and receive a full refund up until Backsplash Tile USA physically ships the product(s). Once the order is physically shipped, it is too late for the customer to cancel or change any order without incurring additional shipping costs and/or restocking fees as stated above.
12. NATURAL STONE DISCLAIMER
Natural stone products inherently lack uniformity and are subject to variation in color, shade, finish, etc. Shade variation is guaranteed in all natural stone products, and because these products are natural and not manufactured, no two pieces of natural stone are exactly alike. All sales for any natural stone on this website will assume your acceptance for the same. If however you have a specific shade criteria, we recommend you not to get the tiles shipped. Instead you should select the warehouse pickup option and assure yourself about the color variation before we ship this out.
13. No Open Box Policy
We follow a 'No Open Box Policy' which means for all products, we will not break open boxes to ship loose pieces. All orders need to be in multiples of the tiles per box, to make up to the next full box. In case this is not followed at the time of ordering the tile, we will have the right to do so. In this situation we reserve the right to charge the customer for the increased quantity / or refund in case the quantity is reduced, as the case may be.
All references to monetary amounts, including prices, on the Backsplash Tile USA Website (the “Site”) and in this Agreement shall be in U.S. currency.
15. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of Georgia State and the federal laws of the United States applicable therein, without regard to conflict of laws rules. Backsplash Tile USA and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by Backsplash Tile USA from its offices within the Georgia State, United States. The Site can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Georgia State, United States, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the Georgia State and the federal laws of the United States applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Georgia State and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
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 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 12.
17. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and Backsplash Tile USA, 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 Backsplash Tile USA.
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.