Consumer Terms and Conditions
CUSTOM CRAFTED WOOD, INC., an Illinois corporation (or “Supplier”) PURCHASING TERMS AND CONDITIONS FOR INDIVIDUAL CONSUMERS
1. PRICE AND DELIVERY - Supplier shall furnish the goods, subject to availability, called for in accordance with the prices and other details specified at the time of order. All prices shall include all applicable taxes, except sales and use taxes which are separately shown where applicable. Supplier will make reasonable efforts to meet Buyer’s delivery requirements. If Supplier is unable to meet Buyer’s delivery requirements, alternative arrangements may be mutually agreed upon in writing. In the absence of such agreement, Buyer’s sole remedy is to cancel the order. Acceptance by Buyer of all or part of the goods shall constitute a waiver by Buyer of its claims arising from delays in delivery.
2. PAYMENT; AUTHORIZATION TO CHARGE CREDIT CARD FOR FULL AMOUNT DUE PRIOR TO SHIPPING - Payment is due, in full, prior to shipping for all goods covered by this order. Buyer authorizes Supplier to charge the credit card number set forth on the order form for the total amount due, plus all applicable federal, state and local taxes and shipping charges, prior to the goods being shipped to Buyer. Supplier reserves the right, among other remedies, either to terminate this Agreement or to suspend delivery in the event Buyer fails to pay for any shipment when it becomes due. Supplier is entitled to all attorneys’ fees and expenses, including any fees and costs due and owing to collection agencies, incurred by Supplier as a result of collection activities taken by Supplier.
3. ALTERATION, AMENDMENT, CHANGE OR ADDITION TO PREVIOUSLY ACCEPTED ORDER - Upon acceptance of order by Supplier, Supplier may, in its sole discretion, accept any alterations, amendments, changes or additions (“changes”) to the original order that are requested by Buyer. However, no changes to an original order shall be binding upon Supplier unless reduced to writing and signed by Supplier and Buyer. Further, any such changes shall in no way waive Buyer’s obligation to comply with all terms and conditions related to the original order, including but not limited to responsibility for full payment for goods as requested in the original order.
4. REFUNDS, RETURNS AND EXCHANGES – No returns or refunds will be made or granted. Exchanges are handled on a case-by-case basis, unless the good has been monogrammed or otherwise received a mark or imprint unique to the Buyer. In that instance, exchanges are not available. If you have a question or an issue that is not covered by warranty, please contact us within 48 hours of receiving your urn to let us know the issue and we will decide on your individual case whether an exchange is possible. In no case will we exchange merchandise that has been damaged due to improper care. Given the nature of wood grain, wood color and dye color, which can vary from item to item, you hereby acknowledge that each urn is unique. In addition, the color and appearance of an actual urn can vary due to variance among computer or other viewing monitors. It is our goal to provide you with your unique urn of choice, and we will do our best to service your needs.
5. RISK OF LOSS - Supplier shall bear all risks of loss or damage to the goods covered by this order until delivery of items to the designated shipper.
6. STATEMENT OF LIMITED WARRANTY - Supplier states that, for a period of one (1) year from the date the goods are delivered to the first Buyer (or the party to whom Buyer directs delivery of the goods) at retail, the Supplier will utilize commercially reasonable efforts to remedy a defect, malfunction, or other failure of the goods covered by this order, without charge for parts or labor; provided that no circumstances have occurred which render this limited warranty void. “Commercially reasonable efforts” is defined as commercially reasonable attempts to remedy a covered defect, malfunction, or other failure. There is no guarantee, however, that any and all defects, malfunctions, and/or failures can be remedied. No deductible applies to this limited warranty.
7. GOODS COVERED BY LIMITED WARRANTY, EXCEPTIONS -This limited warranty covers only the goods covered by this order.
8. EXCLUSIONS AND LIMITATIONS - The limited warranty described in Section 6 hereof is void if the goods are subjected to materials, events, and/or conditions other than normal and proper use, including but not limited to: (i) the goods are utilized or stored under abnormal conditions; (ii) the goods are repaired, modified or altered, unless such repair, modification or alteration is expressly authorized by the Supplier in writing; (iii) the goods are subject to abuse or neglect; and/or (iv) accidental breakage occurs. For this purpose, “abnormal conditions” shall be deemed to include storing the goods (A) at a temperature outside of a range between 60 and 75 degrees Fahrenheit, (B) at a humidity outside of a range between 50% and 70%, or (C) in conditions where the goods receive prolonged exposure to direct sunlight.
9. PROCEDURES FOR OBTAINING PERFORMANCE OF LIMITED WARRANTY - To obtain performance of any obligation under the limited warranty described in Section 6 hereof, follow this procedure: (a) Contact Supplier at Custom Crafted Wood, Inc. 6N279 Goodridge, Roselle, Illinois 60172, telephone number (847) 687-1473, e-mail address to arrange service at Supplier’s offices; and (b) You may arrange to have the goods delivered to Supplier by shipping the goods and a copy of the proof of purchase (sales receipt) to the Supplier at the above-referenced address. Title and risk of loss to the goods pass when the goods are delivered to the Supplier by the designated shipper. Supplier is not responsible for paying shipping costs, loss or damage to the goods during shipping, and any other taxes, fees or charges associated with transporting the goods to Supplier’s location. Supplier will pay the costs of returning the goods from Supplier’s location to any location within the continental United States. Upon return, title and risk of loss to the goods pass when Supplier delivers the goods to the designated shipper.
10. EXCEPT FOR THE LIMITED WARRANTY EXPRESSED IN THIS AGREEMENT, SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. SUPPLIER WILL NOT UNDER ANY CIRCUMSTANCES, WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST BUYER OR BUYER’S CUSTOMERS, EVEN IF SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS.
12. SUPPLIER’S MAXIMUM LIABILITY TO BUYER IS LIMITED TO THE PURCHASE PRICE PAID FOR THE GOODS.
13. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED ABOVE WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER BUYER HAS PURCHASED ANY GOODS UNDER THIS AGREEMENT.
14. INTERPRETATION - The headings appearing in this Agreement are inserted only as a matter of convenience and in no way amplify, define, limit, construe or describe the scope or intent of such provisions of the Agreement. The neuter, feminine or masculine pronoun when used shall each include each of the genders and the use of the singular shall include the plural. The language of this Agreement will in all cases be construed simply according to its fair meaning and not strictly for or against Supplier or Buyer.
15. SUCCESSORS AND ASSIGNS - This Agreement shall inure to the benefit of and be binding on Supplier, its successors and assigns, and shall be binding upon Buyer, its successors and permitted assigns, and shall inure to the benefit of Buyer. This Agreement may be assigned by Buyer only upon delivery of prior written notice to Supplier; provided, that, no such assignment shall release Buyer from any obligations set forth herein.
16. FORCE MAJEURE - Supplier shall not be considered in default in the performance of its obligations herein to the extent that performance of such is delayed or prevented due to causes beyond the control of said party, including, but not limited to acts of war, sabotage, strikes, fires, freight embargoes, floods, explosions, epidemics or other causes or events beyond the control and without the fault or negligence of Supplier.
17. ENTIRE AGREEMENT - There are no oral agreements between Buyer and Supplier affecting this Agreement, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements, presentations, promises, warranties and understandings between Buyer and Supplier. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the terms or conditions of this Agreement shall be binding unless hereafter made in writing and signed by the party to be bound. No modification shall be effected by the acknowledgment or shipping instruction forms containing terms or conditions at variance with or in addition to those set forth herein. No alteration, amendment, change or addition to this Agreement shall be binding upon Supplier or Buyer unless reduced to writing, signed by them, and mutually delivered between them.
18. NO WAIVER - No waiver by Supplier with respect to any breach or default or of any right or remedy and no course of dealing shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver is hereafter expressed in writing signed by the party to be bound.
19. SEVERABILITY - If any term, condition or provision of this Agreement, in conjunction with the terms of any privacy policies, notices, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on the Website, or the application thereof is judicially or otherwise determined to be invalid or unenforceable, or if the parties mutually agree in writing to any revision of this Agreement, the remainder of this Agreement, and/or the application thereof to situations other than that as to which it is invalid or unenforceable, shall not be affected, and this Agreement, in conjunction with the privacy policies, notices, purchasing terms and conditions, product descriptions, prices, and rates set forth elsewhere on the Website, shall otherwise remain in full force and effect.
20. NOTICE - Any notice which may or shall be given under the terms of this Agreement shall be in writing and shall be either delivered to the Notice Address of each party by hand or sent by United States Certified Mail, postage prepaid, return receipt requested. Either party’s address may be changed from time to time by such party by giving notice as provided above. No change of address of either Buyer or Supplier shall be binding on the other party until notice of such change of address is given as herein provided. For purposes of the calculation of various time periods referred to herein, notice delivered by hand shall be deemed received when delivered to the place for giving notice to a party referred to above and notice mailed in the manner provided above shall be deemed completed upon the earlier to occur of (i) actual receipt as indicated on the signed return receipt, or (ii) three (3) days after posting as herein provided. Finally, any written notice addressed as provided hereinabove and actually received by the addressee shall constitute sufficient notice for all purposes under this Agreement. For the purposes of this Paragraph, the notice address for Supplier is 6N279 Goodridge, Roselle, Illinois 60172. The notice address for Buyer is the location to which the goods covered by this order are shipped.
21. SURVIVAL OF OBLIGATIONS - All obligations which by their nature survive termination will survive termination of this Agreement.
22. APPLICABLE LAW - The validity, enforceability, and interpretation of this Agreement will be determined in accordance with internal laws of the State of Illinois without giving effect to such state’s conflict of law principles.
24. AUTHORIZATION – Buyer and Supplier represent and warrant that they have full and complete authority to execute and deliver this Agreement and to perform the obligations hereunder.
[Last Updated (January 10, 2011)]
Conditions of Use
Custom Crafted Wood, Inc. Conditions of Use
1. ELECTRONIC COMMUNICATIONS – By using the Website and/or by sending an e-mail to Custom Crafted Wood, Inc., users communicate with Supplier electronically. Users consent to receive communications from Supplier electronically. Users agree that all agreements, notices, disclosures and other communications provided by Supplier through electronic means, including via e-mail and/or posting notices on the Website ), satisfy any legal requirements that such communications be in writing.
2. COPYRIGHT – All applicable content included on the Website, including but not limited to text, graphics, logos, images, software, and/or compilations, is the property of Supplier and/or its content providers, is licensed for use by Supplier and/or its content providers, and is protected by all applicable United States and international copyright laws. All rights are reserved.
3. TRADEMARKS – All applicable content included on the Website, including but not limited to trademarks, service marks, and/or logos, are trademarks, registered trademarks, service marks, registered service marks, trade dress, and/or trade secrets owned by Supplier or licensed for use by Supplier and/or its content providers. Such content is protected by all applicable laws in the United States and/or other countries, including but not limited to the State of Illinois Trademark Registration and Protection Act, 765 ILCS 1036. This content shall not be used in any manner whatsoever without the express, written permission of Supplier or the applicable third party. Specifically and without limiting the foregoing, this content shall not be used in any manner likely to cause confusion or in any manner that disparages or discredits Supplier.
4. LICENSE, WEBSITE ACCESS, USE OF MATERIALS ON THE WEBSITE – Supplier grants users of the Website a limited license to access the Website for personal use only. Neither the Website nor any or all of its content, including but not limited to text, graphics, logos, trademarks, and images, may be downloaded (other than page caching) and/or modified without the express, written consent of Supplier. This limited license does not include any commercial and/or public use of the Website or its content. The Website and/or its contents cannot be reproduced, duplicated, distributed, modified, displayed, copied, sold, resold, visited or otherwise used for any commercial and/or public use without the express, written consent of Supplier. Supplier does not authorize linking to the Website from any third party website without the express, written consent of Supplier. Any unauthorized use of the Website or its content terminates the permission or limited license granted by Supplier.
5. USER SUBMISSIONS – Unless Supplier indicates otherwise, any and all information and material submitted by users of the Website, including but not limited to data, questions, comments, and/or suggestions, will be treated as non-confidential and non-proprietary by Supplier. By submitting information and/or material to the Website or Supplier, via the Website itself, e-mail, or any other manner or means whatsoever, users grant Supplier a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, edit, translate, creative derivative works from, distribute, and display such content throughout the world in any media now known or hereafter developed. User-submitted information and/or material may be used by Supplier for any purpose, including but not limited to reproduction, disclosure, transmission, publication, posting, developing, and/or marketing.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY – THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES, FUNCTIONAL AND/OR TECHNICAL ASPECTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SUPPLIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, FUNCTIONAL AND/OR TECHNICAL ASPECTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SUPPLIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUPPLIER DOES NOT WARRANT THAT THE WEBSITE, AND THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, FUNCTIONAL AND/OR TECHNICAL ASPECTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SUPPLIER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUPPLIER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES, FUNCTIONAL AND/OR TECHNICAL ASPECTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WESITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. OUR ADDRESS: 6N279 Goodridge, Roselle, Illinois 60172, telephone number (847) 687-1473, e-mail address email@example.com.