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Terms of Sale
Terms of Sale
Please Read Carefully
This Agreement contains the terms and conditions that apply to customers for purchases from Tampa Home Upgrades, LLC. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Tampa Home Upgrades, and/or the Tampa Home Upgrades 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 Tampa Home Upgrades LLC, in which case the separate Agreement shall govern; or (ii) unless other Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC acceptance of Customer’s order, nor does it constitute confirmation of Tampa Home Upgrades LLC offer to sell. All orders are accepted in State of Florida, United States. Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC cancels Customer’s order, Tampa Home Upgrades LLC shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Tampa Home Upgrades LLC sole discretion and unless otherwise agreed to by Tampa Home Upgrades LLC, payment must be received or otherwise authorized or secured in a form approved by Tampa Home Upgrades LLC prior to Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC. 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 Tampa Home Upgrades LLC and the customer. Tampa Home Upgrades LLC may invoice parts of an order separately. Orders are not binding upon Tampa Home Upgrades LLC until accepted by Tampa Home Upgrades LLC (see Order Acceptance Policy). Any quotations given by Tampa Home Upgrades LLC will be valid for the period stated on the quotation. Tampa Home Upgrades LLC reserves the right to adjust or cancel quotations as required.
3. SHIPPING
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 Tampa Home Upgrades LLC suppliers, Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC within 24 hours from the time the shipment was delivered. (see 9. “Limitations on Damages”). Tampa Home Upgrades LLC 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, Tampa Home Upgrades LLC 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.
4. TAXES
Customer is responsible for all sales, use, exercise, 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 Tampa Home Upgrades LLC invoice.
5. TITLE RISK OF LOSS
Title to product passes from Tampa Home Upgrades LLC to Customer upon physical shipment of product to Customer by Tampa Home Upgrades LLC, 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.
6. WARRANTIES
Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC 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. Tampa Home Upgrades LLC 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. Tampa Home Upgrades LLC Returns Department will advise Customer of the details specific to the claim.
7. PROMOTIONS
Tampa Home Upgrades LLC, 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, Tampa Home Upgrades LLC cannot ship an order and an item goes on a Special Promotion before shipping, the Customer may request Tampa Home Upgrades LLC to apply the Promotion on that order. Tampa Home Upgrades LLC, at any time, may cancel any Promotion at its discretion.
8. DISCLAIMER
Tampa Home Upgrades LLC 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. Tampa Home Upgrades LLC ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. Tampa Home Upgrades LLC DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. Tampa Home Upgrades LLC 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. Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC.
9. LIMITATION ON DAMAGES
Tampa Home Upgrades LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC 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, Tampa Home Upgrades LLC 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 30% 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.
11. SPECIAL ORDERS AND FABRICATION: All custom-made items are considered special orders. All special orders must be paid in full prior to ordering. This money is non-refundable, and once placed, the order cannot be cancelled for any reason. The Buyer also understands that the Seller cannot guarantee that any special order product will match any samples, photographs or other renderings provided throughout the sales process. All special orders are no exchange no return.
12. RETURN POLICY
Returns and Restocking Fees. Seller will not accept returns of any of its Products without written pre-approval. Returns and restock fees will only be permitted at Seller’s sole discretion. If a return is authorized by Seller, it will be subject to a restocking fee as determined by Seller it Seller’s sole discretion.
Customers who purchase from Tampa Home Upgrades LLC can only return a product only if the product arrived defective, damaged or received a wrong product from original order. Any of those Issues should be reported to Tampa Home Upgrades LLC within 24 hours of delivery and product must NOT been installed and it must be in original packaging free from any alterations. You would have to initiate an RMA Return Merchandise Authorization (RMA) for that by contacting us on email. This process can take up to 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. If Tampa Home Upgrades LLC approves a return form any other reason as other that damaging, defect, wrong product, Tampa Home Upgrades LLC reserves the right to charge a 30% re-stocking fee on all returns. All costs associated with pre-approved returns are Customer’s responsibility. Fees will be waived if Tampa Home Upgrades LLC sent wrong product, product came defective or damaged. All other returns are subject to 30% restocking fee plus shipping charges. All orders must be on a pallet and shrink wrapped regardless of how product was delivered. The Customer is also responsible for providing proof of delivery on the returns if required by Tampa Home Upgrades LLC
13. 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.
14. 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.
15. CURRENCY
All references to monetary amounts, including prices, on the Tampa Home Upgrades LLC Website (the “Site”) and in this Agreement shall be in U.S. currency.
16. GOVERNING LAW
This Agreement and any sales thereunder shall be governed by the laws of Florida State and the federal laws of the United States applicable therein, without regard to conflict of laws rules. Tampa Home Upgrades LLC 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 Tampa Home Upgrades LLC from its offices within the State of Florida. 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 State of Florida, 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 State of Florida 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 State of Florida and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
17. ARBITRATION
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.
18. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and Tampa Home Upgrades LLC, 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 Tampa Home Upgrades LLC.
19. TERMS OF USE
Your access to, and use of the Site is governed by Tampa Home Upgrades LLC Terms of Use. By using this Site, you signify your acceptance without modification of these Terms of Use. The Terms of Use are subject to change without prior notice at any time, in Tampa Home Upgrades LLC sole discretion so you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. In the event of any inconsistency between this Agreement and the Terms of Use, the terms of this Agreement shall prevail.
20. HEADINGS
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.
21 - ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Price Increases.
Seller reserves the right to modify prices, including open orders that have not been delivered to Buyer, upon thirty (30) days’ prior written notice to Buyer.
Limitation of Liability.
Seller will not be liable for any claim for damage to Product resulting from improper storage, handling, installation, or cleaning, by Buyer or any other party. This includes but is not limited to, damage that may be caused to Product as a result of exposure to release agents, retarders, accelerators, cleaning agents or other chemicals, or cleaning with high pressure. In no event shall seller be liable under any theory or remedy, (contract, implied warranty, tort, negligence, misrepresentation, strict liability or other legal or equitable theory) for any punitive, exemplary, incidental, consequential, lost profits or other damages, arising from product or its use. In no event shall seller’s liability exceed the fees paid to seller by buyer for the goods giving rise to such liability.
Warranty; Disclaimer of Warranties.
The Products delivered to Buyer hereunder shall conform to the applicable Product specifications of the manufacturer. Except as otherwise specifically set forth herein, or provided by the manufacturer of product, if applicable and able to be transferred to Buyer, Seller hereby disclaims all other warranties, express or implied, including any implied warranty of merchantability, workmanship or fitness for any particular purpose or non-infringement. Should the Products fail to conform to the foregoing warranties, Seller will, at its option replace product or refund that portion of the purchase price of product which fails to meet these warranties. Seller makes no warranties regarding the absence of efflorescence and discoloration after the product(s) have been installed and the Seller shall not be liable for any of the same.
Payment Terms.
Outstanding balances are subject to a finance charge of 1-1/2% per month, which is an annual rate of 18%. Seller’s failure to collect interest on any outstanding balance shall not constitute a course of conduct or otherwise waive Seller’s right to collect interest on any outstanding balance. If at any time the financial responsibility of Buyer becomes impaired or unsatisfactory to Seller, Seller reserves the right, in addition to any and all other rights of Seller hereunder, to require advance payments or other satisfactory security.
Payment; Chargebacks; Fees. Payment terms are as stated on the invoice. If you dispute a charge, you agree to first give us a reasonable opportunity to investigate and cure before initiating a chargeback. Any card surcharges or third-party payment fees, if applied, will be disclosed at checkout and assessed in accordance with applicable law and card-network rules
SHIPPING POLICY
Dates are subject to availability and are not guaranteed. It is strongly recommended your request date be five business days prior to needing delivery.
DELIVERY POLICY
● Due to weight and safety, products are generally shipped on a pallet. Please make sure you provide your best contact number. The shipping company will call you to setup an appointment window time
● Depending on the product type and order size , The shipping company used will call you to setup an appointment. Note, shipping companies work off of delivery windows. They are unable to make an exact appointment time. The shipping company will provide a delivery window.
● Delivery times are between 6-7 business days. Orders placed after 4pm Eastern Time and the weekend are processed the next business day.
● Please note that Special orders lead times vary by manufacturer. For some products it might take from 2 to 6 weeks to produce and schedule a delivery
● Depending on the product type order and freight company, the customer might need to be home to sign the order. For residential deliveries, the trucker will leave the pallet at the end of your driveway Signature is required in some cases.
● Delivery is guaranteed curbside only.
● Customer is responsible for any additional shipping charges if not present at time of delivery when it is needed. Depending on the order, customers will be informed.
● Customer is responsible for inspecting material and report any issues or discrepancies upon delivery or within 24hrs
● Depending on the order size, delivery truck sent is likely 30-50 foot in length with a lift-gate. We recommend your home have a flat, paved space for the truck to access to offload the material. This option only includes curbside delivery; your order will NOT be brought inside your home. We do recommend you have extra help when receiving your order as this material tends to be on the heavier side. (You don't want to be stuck bringing 1,000lbs of material inside by yourself!)
Return Policy
● Returns and Restocking Fees. Seller will not accept returns of any of its Products without written pre-approval. Returns and restock fees will only be permitted at Seller’s sole discretion. If a return is authorized by Seller, it will be subject to a restocking fee as determined by Seller it Seller’s sole discretion.
● Customers who purchase from Tampa Home Upgrades LLC can only return a product only if the product arrived defective, damaged or received wrong product from original order. Any of those Issues should be reported to Tampa Home Upgrades LLC within 24 hours of delivery and product must NOT been installed and it must be in original packaging free from any alterations. You would have to initiate an RMA Return Merchandise Authorization (RMA) for that by contacting us on email. This process can take up to 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. If Tampa Home Upgrades LLC approves a return form any other reason as other that damaging, defect, wrong product, Tampa Home Upgrades LLC reserves the right to charge a 30% re-stocking fee on all returns. All costs associated with pre-approved returns are Customer’s responsibility. Fees will be waived if Tampa Home Upgrades LLC sent wrong product, product came defective or damaged. All other returns are subject to 30% restocking fee plus shipping charges. All orders must be on a pallet and shrink wrapped regardless of how product was delivered. The Customer is also responsible for providing proof of delivery on the returns if required by Tampa Home Upgrades LLC
● Refunds are issued once product arrives back in our warehouse and completes inspection to ensure material is in original condition and original packaging. Please allow 3-5 business days once product has reached us.
● We do not accept partial returns.
● Returned product must be in original condition and packaging. No alterations to product of any kind will be accepted. Items over 75 lbs must be on a pallet and shrink wrapped.
● Product cannot be returned nor refunded once installed or out of original packaging. Installed tiles/flooring is acceptance of material. No exceptions.
● Please contact us if material arrives missing or broken. All damages or missing product must be reported within 24 days of receipt of product and notated on shipping documents. We must be notified at info@tampahomeupgrades.com within 24 hours of receiving the shipment. During transit, it is not unusual to receive 5-7% broken tile. Any amount up to 10% is acceptable. We recommend to order 10% additional material. Damaged tiles can be used for cuts you will need to make. Anything above 10% damaged material is replaced at no extra charge. We do not refund damaged material. We only replace material above 10% breakage. If breakage is above 10% please take photos and email to info@tampahomeupgrades.com
● Canceled orders before they have shipped are charged a 30% restocking fee. Please be certain of your order before placing it.
● Products that have been altered or modified in any way are not eligible for returns, replacements, or refunds.
Items that are Not Returnable if:
o Items not pre-approved for return by Tampa Home Upgrades LLC
o Special Order
o Product installed
o Any item that has obvious signs of use or damage.
o Product must be inspected prior to installation. Installation of the product means its acceptance. Please note that Tampa Home Upgrades LLC, Tampa Home Upgrades LLC or its distribution partners do not accept any returns or claims once the product has been installed. Damages occurring in installation are not considered defects and are not subject to return or refund.
o Due to the characteristics of natural materials and your computer screen, the product pictured may not be exactly as is seen on your screen. The product photos and installations are chosen with the utmost responsibility to correctly represent the product but are representational only. Samples are always recommended.
o All products are subject to color variations. For natural stone variations should be expected as the product is a natural stone. Color lot and size variations should be expected so we highly recommend verifying square footage and potential overage to avoid mixing color lots. Variation within the same lots is also to be expected and as such we recommend you and your installer open examine all boxes and each piece immediately upon receipt. Although every effort is made to ensure the highest quality and continuity within the product, there is no assumed or implied warranty from the manufacturer or the distributor in regards to color, size or variation.
o Before starting a return, please email to customer service at info@tampahomeupgrades.com to start the pre-approval return process.
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