TERMS AND CONDITIONS FOR ONLINE SALES

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREIN. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

1. Applicability of Terms and Conditions. These terms and conditions (these “Terms“) shall apply to your purchase of products and related services through https://durodeco.com (the “Site“). These Terms are subject to change at any time without prior written notice by DuroDeco, LLC (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
2. Online Orders. When placing an order on our Site, you are offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
3. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Shipping Information. It is our responsibility to arrange for the shipping of your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
5. Return Policy. Except as otherwise provided in Company’s Limited Warranty (Section 8), Company does not allow returns of any product.
6. Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://durodeco.com/privacy-policy and https://durodeco.com/terms-of-use. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
7. Buyer’s Representations and Warranties. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
8. Company’s Limited Warranty; Disclaimers.

• • (a) Limited Warranty. Company expressly warrants to the original purchaser only, that, for a period of one (1) year(s) from the date of purchase, the product you purchase from Company (the “Product”) will be reasonably free of defects in materials and workmanship. This Limited Warranty only applies to Company’s Products which are used, stored, and handled in the manner recommended by Company and for the purpose(s) for which they are intended.
  • (b) Warranty Does Not Cover Aesthetic/Appearance. Section 8(a) shall not cover any customer dissatisfaction or issues with the aesthetic of Company’s Products. Company’s Products are natural stone and wood products, each of which is unique and differs in appearance from any other of Company’s Products. You acknowledge that Company cannot and does not warrant the aesthetics or appearance of any of its Products.
  • (c) Company’s Option to Repair or Refund. If the Product fails or does not perform as warranted solely due to a manufacturing defect within the warranty period, subject to the exclusions set forth below, Company will, at its option, repair the Product without charge, or refund the cost of the Product and arrange for pickup thereof. Repair or refund during this one (1) year warranty shall include reasonable labor charges necessary to repair or replace the defective Product. Any repaired product shall also remain subject to the original one (1) year warranty from the date of the original purchase, and any repair shall not extend the original warranty period in any manner or start a new warranty period.
  • (d) Obtaining Coverage Under Limited Warranty. You may obtain coverage under this Limited Warranty by submitting proof of original purchase to Company along with an explanation of the basis for your claim and any supporting photographs and documentation. Claim information may be sent to:
  • (e) Non-transferable Warranty. This Limited Warranty is not transferrable.
  • (f) Exclusions. Company’s Products must be stored, handled, used and maintained in accordance with instructions provided by Company, and this Limited Warranty is conditioned upon compliance with all such instructions, guides and manuals provided by Company. This Limited Warranty does not cover defects caused by:

• • • (i) Non-compliance with Company’s instructions, guides and manuals.
    • (ii) Improper storage, handling, or use of the Product;
    • (iii) Damage not resulting from manufacturing defects that occur while the Product is in your possession;
    • (iv) Unreasonable or unintended use of the Product;
    • (v) Minor imperfections commonly existing in natural stone or wood; and
  • (g) Disclaimer of Warranties. THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY COMPANY IN CONNECTION WITH THESE PRODUCTS. COMPANY CAN NOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS SOLD BY COMPANY ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY COMPANY IN WRITING. OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE REPAIR OF NON-CONFORMING PRODUCTS OR, AT THE OPTION OF COMPANY, RETURN OF THE PRODUCT AND A REFUND OF THE PURCHASE PRICE. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PRODUCTS PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER PRODUCTS OR SUBSTANCES.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
10. Damaged Products. If the Products arrive in a damaged condition, you will notify Company of such damage within forty-eight (48) hours. To the extent possible, you will also provide documentation of the damage including, but not limited to, photographs. In the Company’s sole discretion, Company may, upon receipt of such a claim, either repair or refund the purchase using the procedure in Section 8(c), above. If we are not notified of items which arrive damaged in accordance with this Section 10, the Company shall be under no obligation to repair or refund the purchase.
11. Use of Customer Information. We may contract with third-party service providers for shipping and delivery of the Product to you. By consenting to these Terms, you agree that Company may provide information about you to such third parties as is reasonably required to arrange for shipping and delivery of the Product.
12. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
13. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, pandemics, government orders, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
14. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
15. Severability. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
16. Disputes; Governing Law; Binding Arbitration.
    • (a) Governing Law. These Terms shall be governed by the laws of the State of New York, without regard to its conflict of laws principles.
    • (b) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in New York, New York County. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New York. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 15 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be severed and the remaining terms will be enforced. Company may waive this arbitration provision at its option. You shall have no right to waive this provision.
    • (c) In the event of any dispute arising from or related to these Terms of Sale, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs.
17. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
18. Notices. We may provide notices hereunder to you by: (i) email, effective upon sending to last known email address; (ii) regular mail, effective upon mailing to last known address; or (iii) posting them on the Site, effective immediately upon posting. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by email at [email protected].
19. Entire Agreement. These Terms, along with the confirmation email referenced in Section (2) above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s Terms of Use and Privacy Policy, shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.