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TERMS & CONDITONS THAT APPLY SPECIFICALLY TO SEMI-CUSTOM AND CUSTOM CABINETRY ORDERS APPEAR FURTHER DOWN THE PAGE.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Placing an order on our website or via any invoice from TCC
requires your understanding and agreement to all terms and conditions on this
page, in addition to any items noted in shipping and return policies that
pertain to the type of cabinetry you have ordered. The terms and conditions on
this page supersede any other return, shipping, or other policies for
semi-custom and custom cabinetry. All users of this site agree that access to
and use of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please
do not use this site. These terms and conditions also explain select
information regarding orders, returns, etc. By using this website you agree to
any and all terms and conditions.
Please note that "The Company" and “The Company’s”
refers to The cabinetry company.
Representation: Ask questions if you are unsure
of specifications. We are not responsible for any client misunderstanding of
specifications or materials. Much of the specification descriptions are
industry standard representations so it is important you reach out if unsure
what something means. We will not provide any refunds or compensation of any
kind if a client doesn't understand a specification or expects something
different. Manufacturers reserve the right to change specifications at any time
with or without notice. Unless that change results in a door style or color
change that is completely different from what is represented at the time of
your order TCC, LLC will not refund or issue credit for the order.
Misrepresentation Or Identity Fraud On Behalf Of Customer Any
customer or party known to or related to them, or any party in general, that
would represent themselves as a company member or employee to any party The
Company does business with will immediately lose all ability to place future
orders with The Company and may be charged with fraud or misrepresentation. Any
customer filing a payment dispute after receiving their cabinetry order will be
considered to be attempting to commit fraud and legal actions will be taken
against that customer.
Manufacturer A manufacturer may change
specifications at any time with or without notice to TCC, LLC . We will not
exchange, credit, return, or refund in part or in whole any product falling
into this circumstance. Any customer ordering from any one of our sites or via
invoice from our company is not permitted, under any circumstance to contact our
suppliers directly. Should this happen, any and all services we provide to said
customer will immediately cease regardless of the status of the order and no
refunds, replacements or credits will be issued. All warranties will be void
and any replacements in process will be cancelled.
Copyright The entire content included in this
site, including but not limited to text, graphics or code is copyrighted as a
collective work under the United States and other copyright laws, and is the
property ofThe cabinetry company LLC Copyright 2016-2019, TCC, LLC ALL RIGHTS
RESERVED. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with TCC, LLC or to purchase our
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by the cabinetry company. You further agree not to
change or delete any proprietary notices from materials downloaded from the
site
Warranty Disclaimer This site and the materials
and products on this site are provided "as is" and without warranties
of any kind, whether express or implied. To the fullest extent permissible
pursuant to applicable law, TCC, LLC disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. TCC, LLC does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that this
site or the server that makes the site available are free of viruses or other
harmful components. The cabinetry company does not make any warranties or
representations regarding the use of the materials in this site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on warranties,
so the above limitations may not apply to you.
Limitation of Liability The cabinetry
company shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or
the performance of the products, even if TCC, LLC .com, has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors, Omissions, Pricing Errors In
the event that a TCC, LLC product is mistakenly listed at an incorrect price, TCC,
LLC reserves the right to refuse or cancel any orders placed for product listed
at the incorrect price. TCC, LLC reserves the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is cancelled, TCC, LLC shall issue a credit to your credit card account
in the amount of the incorrect price. In the even that an item ordered is no
longer available, TCC, LLC reserves the right to substitute a similar item or
cancel the order whether or not it has been confirmed and your credit card
charged.
Term; Termination These terms and conditions are applicable
to you upon your accessing the site and/or completing the registration or
shopping process. These terms and conditions, or any part of them, may be
terminated by TCC, LLC without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice TCC, LLC may deliver notice to you by
means of e-mail, a general notice on the site, or by other reliable method to
the address you have provided to TCC, LLC .com.
Description of Services YOU MUST BE AT LEAST 18
YEARS OF AGE TO PLACE AN ORDER FOR A PRODUCT AND OR SERVICES ON THIS SITE.
TCC, LLC , hereafter referred to as "The Company",
shall provide you with the opportunity to order kitchen cabinetry, bathroom
vanities, counter tops and other products offered by The Company on the Site
(the Products). You hereby acknowledge and agree that any proposed design for
your kitchen will be provided to you only upon your request, and on the
condition precedent that you provide accurate description, plans, and
measurements, and any other information requested by the Company and/or its agents,
representatives, employees and/or sub-contractors in order to complete the
proposed design. You hereby further acknowledge, agree and irrevocably
relinquish any of your rights to bring any claim against the Company in
connection with the kitchen design and agree that you bear the sole
responsibility and liability for the accuracy of the description, plans,
measurements and/or other information requested by the Company, and thus hereby
indemnify and hold The Company harmless from any claim, loss, damage, liability
or cost asserted against or incurred by you that is related to the Services
provided to you by The Company and/or any of its agents, representatives,
employees and/or sub-contractor. Further you understand and agree that the
Services may include certain communications from The Company including, but not
limited to, order approval, shipping announcements, service announcements,
administrative messages, follow-up information requests and communication, and
that these communications are considered part of the Sites user procedures and
you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that
augments or enhances the current Services shall be subject to these Terms. You
also understand and agree that the Services are provided AS-IS and that The
Company assumes absolutely no responsibility nor any liability for the
timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. You are responsible for obtaining access to the
Services, and that access may involve third party fees. You are responsible for
those fees including those fees association with the execution of a work order,
a product and/or deliver of the above. In addition you must provide and be
responsible for all equipment necessary to access, install and use the Services
and/or any products purchased from TCC, LLC .com.
Merchandise TCC, LLC offers a number of
cabinetry lines in an effort to provide a wide selection for our clientele. TCC,
LLC does not claim any cabinet as its own brand unless specifically labeled as
so in the product itself or general description of that specific cabinet. TCC,
LLC sells cabinetry we believe to be of the highest quality for the value
within each respective cabinetry line. Lines we offer are: SOLLiD Cabinetry,
J&K Cabinetry, Timberland, Forevermark, US Cabinet Depot, Fashion Cabinet,
Kith, Legend, Ideal. TCC, LLC may add brands from other manufacturers from time
to time and may remove some brands or styles as well at our discretion. TCC,
LLC is not responsible for the workmanship or materials used by each respective
manufacturer. Based on information obtained from each manufacturer either via
certificate or via information publicly available on their website, all of our
cabinetry meets CARB2 standards. The cabinetry we offer is sourced locally and
globally it is the responsibility of the client to inquire as to what items are
made in the USA & which are not. At the time of this writing all cabinetry
is either built or pre-assembled at USA facilities while parts may come from
other countries such as China, Vietnam, Mexico, or other countries. The premium
cabinetry line offered on our website and or showroom is sourced and made in
the USA, while some of the hinges and or hardware such as drawer glides may
originate in other countries such as Germany or Italy. Premium cabinetry offers
options, materials, & features that may be changed by the manufacturer with
or without notice at any time. TCC, LLC reserves the right to change/update
pricing and sales at its sole discretion.
Order Procedure You hereby represent and declare
that you are of legal age to form a binding contract, and are not a person
barred from receiving services under the laws of the United States or other
applicable jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself and the project you are considering
undertaking as prompted by the TCC, LLC website (the Registration Data) and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or if The Company has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, The Company has the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof) without incurring any liability and/or responsibility for any claim,
loss, damage, liability or cost asserted against or incurred by you in
connection with such suspension and/or termination. TCC, LLC reserves the right
to cancel any order it deems suspicious.
You will be able to order any product offered for sale on
the Site that you wish to purchase, subject to the payment, shipping and return
policies hereunder. However, in the event that you order an item especially
ordered or manufactured for you (the Special Order Item), you may not cancel
you order after it has been approved by the Company and you will not be
eligible to for any refund or exchange of the Special Order Item or any portion
thereof.
Payment Policy You hereby acknowledge and agree
to strictly adhere and abide by the following: (a) Any order placed through the
Site shall not be binding on The Company unless approved by The Company in
writing and such approval sent to you; and (b) You will remit payment in full
for the entire order upon checkout or via invoice prior to your order
processing over to any warehouse or manufacturing facility, or upon receipt of
the order approval from TCC, LLC .com, prior to the shipment of the ordered
products, or any portion thereof, to you. Acceptable forms of payment are
credit card, money orders, various types of financing offered from time to
time, cashier’s check or personal check, (subject to a verification period of
at least 20 days, at the sole discretion of TCC, LLC .com.). The Company
reserves the right to accept other payment instruments at its sole discretion
and upon the prior written notification to you by the Company. NO C.O.D. orders
will be accepted; and (c) All delivery and shipping fees must be prepaid and
are nonrefundable under any circumstances; and (d) During promotional events,
promo codes (coupon codes), must be correctly used. In the event that an
incorrect promo code (coupon code) is used, you (the customer) understands you
will be contacted and the correct promo (coupon code) will need to be applied,
and (if applicable) additional payment will need to be collected before the
order can completed; and (e) If you reside in Wisconsin, or are liable to pay
any tax, including but not limited to sales tax, under the laws of the State of
Wisconsin, or any other proper authority, you must either supply proof of a
valid resale permit, or pay the applicable amount of sales tax as directed by
the Wisconsin Authorities or any other applicable authority, which shall be
added to your order total; and (f) Any cancelled checks, stop payment orders,
credit card disputes and charge backs (the Reverse Payment) will be subject to
a $175 handling fee and in addition The Company shall be entitled to
reimbursement from you of any expense and/or damages it incurred in connection
with non-payment of the approved order and/or Reverse Payment, including, but
not limited to reasonable attorney, legal and professional fees. (g) If, for
any reason, client ends up owing a balance to The Company or Owning a return
Item and client fails to pay the balance or properly return the item within a
reasonable period of time (deemed as less than 30 calendar days) The Company
Will move to place a lien upon the property address where the cabinetry has
shipped. This lien will be pursued and maintained until the situation is
resolved to The Company satisfaction. The Company reserves the right to amend
the prices of the products offered for sale on the Site without prior notice.
The Company does not offer credits or refunds for items purchased prior to sale
prices going into effect, nor does it offer price-matching.
Cancellations We accept cancellations only
within the first 24 hours of order placement. There is a non-negotiable,
non-refundable cancellation fee of 10% that will be deducted from your refund.
Cancellations are not accepted after the 24 hours have passed. Please reply to
your order confirmation email to cancel. Cancellations must be done in writing
or by calling from the phone number on your order so that we're able to confirm
that the identity of the person cancelling the order is the same person that
placed the order.
Shipping Terms and Conditions The Company
strives to ship every order as soon as possible, however, you hereby
acknowledge, agree that the Company is not responsible nor liable in any way
for delays in the shipment of your order caused by stock limitations,
manufacturing delays, and/or force majeure. The Company does not guarantee the
delivery time of any order. Orders are usually shipped within four to ninety (4
- 90) business days from the approval of you order by the Company. In the event
that the shipping date will be later than 90 business days, the Company will
contact you and inform you of the expected shipping time frame. Shipping time
is based on the style/color/cabinet line ordered.
You hereby acknowledge and agree that the Company’s sole
role in the shipping of your order is to procure shipping services on your
behalf and arrange the shipment of your order to you on your behalf. For that
purpose you hereby grant the Company the right to share with freight carriers
and shipping companies your Registration Data as provided by you in order to
arrange for the shipping of your order.
You hereby further acknowledge and agree that the Company is
not a carrier nor shipper as referred to in 49 U.S.C.A. 14706, thus does not
bear any responsibility and/or liability for the shipping of your order, the
timely delivery thereof and/or any damages and/or expenses incurred by you in
connection with such shipping, and any items ordered by you that are missing
from the shipment. The shipping of your order is the sole responsibility of the
freight carrier, in accordance with the terms of shipping of the applicable
carrier. Thus any claim, dispute or demand regarding the shipping of your order
will be taken up directly with the carrier and you hereby indemnify and hold
the Company harmless from any claim, loss, damage, liability or cost asserted
against or incurred by you that is related to the shipping of your order. The
Company will issue refunds or credits for any shipping related issues.
The Company shall obtain the applicable carriers
acknowledgement that your order was collected by that carrier in good condition
and in full at the facilities of the Company or another location designated by
the Company.
You shall be solely responsible and liable for the shipping
charges and there will be no refund on shipping charges incurred by you in any
event. The Company, at its sole discretion, may add the shipping charges to
your order price charge you separately for the shipping of your order or may
share your Registration Data and you have provided through the Site with the
applicable carrier who shall charge you directly for the shipping charges. If
you fail to be available at a scheduled delivery time you will be required to
pay any charges related to any redelivery attempt scheduled by you with the
carrier as well as any storage fees charged by the carrier. If the shipment
cannot be delivered after two attempts you will be billed any and all amounts
incurred by TCC, LLC , the warehouse, manufacturer and any other party that
incurs a cost because you missed your delivery appointment.
Free Shipping, Paid Shipping & Order Pick-Up: If
you have paid a shipping charge & decide to pick-up your order please
contact us to arrange that within 24 hours of placing your order. If the
warerhouse or manufacturing facility that is filling your order allows client
pick-up we will arrange that for you and refund any shipping fee you have paid.
This must be arranged within 24 hours of placing your order or we may not be
able to cancel freight bill issuance. If your order is being filled at a
location that does not offer client pick-up, it will ship as originally
ordered. If you receive free shipping and have not paid a shipping charge you
can still pick-up your order, facility allowing. You will not be entitled to
any type of credit, merchandise or refund for shipping that has not been
physically paid by you.
Receiving Terms and Instructions IMMEDIATELY
UPON ITS DELIVERY, IN THE PRESENCE OF THE CARRIERS REPRESENTATIVE, YOU SHALL
PHYSICALLY INSPECT THE ORDERED PRODUCTS FOR ANY VISIBLE DAMAGE AND CONDUCT A
COUNT OF THE PIECES AND PALLETS DELIVERED. If you detect any visibly damaged
item or and/or if any item you have paid for is omitted from the shipment
(severally and jointly Visible Damage) you must note such damage and/or
omission on the carriers bill of lading and report such damage to the Company
at: [email protected] within 48 hours from receipt of shipment. Note
that unless you have done so, your acceptance of the shipment from the carrier
is an acknowledgement that the product has been delivered in GOOD CONDITION
thus relieving the carrier from any liability for the damage and/or omission
and leaving you without legal recourse against the carrier and/or the Company.
In the event that any item of the shipment is received in a
different condition than the condition said item was in when collected from the
Company or its designated agent by the carrier who delivered your order
(Concealed Damage), you must report such Concealed Damage to the Company at:
https://TCC, LLC .com/claims/ within 2-5 calendar days (based on style and
manufacturer)from receipt of shipment. Failure to report such damage within
said period shall void your rights to return such damaged item(s) and the
Company shall not be liable to you in any manner in connection with such
damaged item(s). You may also contact us 888-711-0171 or email us at:
[email protected] and we'll help.
Do not refuse any part of your delivery regardless of
condition. A claim cannot be filed unless the damaged items are in your
possession. Additionally, refusing delivery of an item(s) will make you liable
for any storage or transportation fees associated with that action. Refusing
delivery will not result in any amount of refund to you but will cost you more
in the end. Please follow our damage reporting policy.
In order to remove any doubt, Visible Damages and Concealed
Damages are not Factory Damages as defined hereunder and are not covered by the
warranty detailed hereunder. Your sole recourse in the event that your order
has sustained Visible Damage or Concealed Damage is against the carrier who
delivered your order.
You will receive an email when your order ships. That email
will contain tracking information along with specific timeline available for
reporting damages. Manufacturers may have different timelines for damage
reporting; the style you select will determine the damage reporting parameters
which will be clearly described in your shipping notification email.
Factory Damage/Shipping Damage As used herein
the term "Factory Damage" shall mean damage sustained by any product
arising out of faulty workmanship, and/or any act or omission of the
manufacturer directly causing damage to the ordered product. The final
determination as to the existence of Factory Damage shall be vested solely in
the Company, which shall make such determination in accordance with industry
standards for such Product or comparable products. Shipping or concealed damage
is anything other than factory damage.
The Company will replace any Factory or ShippingDamaged
Product free of charge, (excluding shipping costs of the defective product back
to the company and the replacement product to you,) under the following terms
and conditions:
You shall notify the Company immediately of the Factory
Damage, immediately upon discovery (must be no later than 2-5 days after
delivery as determined by your shipping notification and based upon the style
cabinetry ordered).
You will ship the damaged item back to the Company for
inspection, at the Company’s expense, upon being requested to do so by the
Company. This may be waived per discretion of TCC.
YOU HEREBY EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT
YOUR SOLE RECOURSE AGAINST THE COMPANY IN CONNECTION WITH ANY DEFECT IN THE
PRODUCTS OR ANY ITEM THEREOF, IS THE REPLACEMENT OF SUCH DEFECTIVE PRODUCT
UNDER THE ABOVE TERMS. THE COMPANY DOES NOT ISSUE REFUNDS OR CREDIT UNDER ANY
CIRCUMSTANCE. IT IS OUR POLICY TO REPLACE DAMAGED ITEMS WHEN DAMAGE REPORTING
PROCEDURE IS FOLLOWED BY CLIENT.
YOU ADDITIONALLY EXPRESSLY UNDERSTAND ACKNOWLEDGE, AGREE AND
HOLD THE COMPANY HARMLESS FROM ANY COSTS, EXPENSES, AND/OR DAMAGES INCURRED BY
YOU OR BY ANY THIRD PARTY DUE TO DELAYS IN INSTALLATION, COMPLETION OF YOUR
KITCHEN, LIVING ROOM, DINING ROOM, OR ANY OTHER PROJECT YOU ARE CONTEMPLATING.
THE COMPANY DOES NOT, UNDER ANY CIRCUMSTANCE ISSUE CREDIT OR REFUNDS FOR DELAYS
IN YOUR PROJECT.
Installation TCC, LLC does not install cabinetry
and does not employ any installation personnel. On occasion we may offer
recommendations for these types of individuals or companies but we do not
warranty or guarantee their performance. It is up to the client to determine
who is best for their project. TCC, LLC is not responsible in any way for the
performance, or lack thereof, of any individual or company installing
cabinetry.
Return Policy Any ready to assemble cabinet
purchased from the TCC, LLC may be returned to the Company in its original
package, UNOPENED and in the same condition in which it was received by you
within 30 days from the date the product was delivered to you. Assembled,
pre-assembled, quick-ship semi-custom, semi-custom premium, SOLLiD, Ideal,
Conestoga and custom cabinetry & all types of trim, panels or accessories,
regardless of style or type are not returnable under any circumstance. Please
be sure to follow the damage reporting instructions in the paragraphs above if
you receive damaged cabinetry. Any cabinetry installed or modified to any
degree may not be claimed as damage or for return. We are not responsible for
the assembly of cabinetry you build yourself or hire another party to build for
you. Cabinetry that has been changed from it's original schematic, had parts or
materials added or removed from will be void of warranty.
The following conditions shall apply to all returned items:
A return authorization code is required to return any item. Returns without
this number will NOT be accepted and credit will NOT be issued. Please do not
ship anything without authorization. We will not issue credit nor will we ship
the item back to you.
You will send written notification to the Company which
shall be dated, and include a list of the items to be returned and their
respective item codes, the date shipment was received, the invoice number under
which the shipment was delivered and the reason for the return.
You will receive a refund for the returned item(s) within 30
days from receipt of such item by the company less a restocking fee in an
amount equaling 35% of the price paid for each returned item. NOTE: Returned
items received back with shipping damage will not be credited and you will be
responsible for filing a claim with the company you used to ship the items back
to get reimbursed.
Shipping charges of any kind will not be refunded regardless
of who paid them.
You shall bear all of the costs associated with shipping the
returned items to the Company. All items being returned MUST be shipped back in
the same manner as received. Items arriving via FedEx or UPS must be returned
that way, items arriving via semi-truck (LTL or FTL Freight) must be returned
that way. Items must be properly packaged or return. If items are received back
with damage, credit will not be issued nor will they be shipped back to client.
Client, at that point would need to file a claim with whichever shipping
company they used for the return.
By using this site and competing a purchase you agree to be
bound by reasonable discretion of the manufacturer and/or TCC, LLC in the event
of any replacement issue. Replacement lies at the discretion of the
manufacturer & TCC, LLC does not control the policies, procedures or
decisions made by such.
Order Cancellation An order may be cancelled by
written notice to the Company received within 24 hours from being placed
through the Site without any penalty or cost to you. An order cancelled after
24 hours from being placed, shall be subject to the Company’s return policy, as
detailed above. Rush orders may not be cancelled.
Miscellaneous Your use of this site shall be
governed in all respects by the laws of the state of Wisconsin, U.S.A., without
regard to choice of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree that jurisdiction over
and venue in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of TCC, LLC
products) shall be in the state or federal courts located in Dane County,
Wisconsin. Any cause of action or claim you may have with respect to the site
(including but not limited to the purchase of TCC, LLC products) must be
commenced within one (1) year after the claim or cause of action arises. TCC,
LLC failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. The TCC, LLC may assign
its rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site Harassment in any manner or form on
the site, including via e-mail, chat, or by use of obscene or abusive language,
is strictly forbidden. Impersonation of others, including a TCC, LLC or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial content on
the site or use the site to solicit others to join or become members of any
other commercial online service or other organization.
Participation Disclaimer TCC, LLC does not and
cannot review all communications and materials posted to or created by users
accessing the site, and is not in any manner responsible for the content of
these communications and materials. You acknowledge that by providing you with
the ability to view and distribute user-generated content on the site, TCC, LLC
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or activities
on the site. However, TCC, LLC reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to TCC, LLC in its sole discretion.
Indemnification You agree to indemnify, defend,
and hold harmless TCC, LLC .com, all affiliated sites, companies, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links In an attempt to provide
increased value to our visitors, TCC, LLC may link to sites operated by third
parties. However, even if the third party is affiliated with TCC, LLC .com, TCC,
LLC has no control over these linked sites, all of which have separate privacy
and data collection practices, independent of TCC, LLC These linked sites are
only for your convenience and therefore you access them at your own risk.
Nonetheless, TCC, LLC seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not
work).
Attempts to Break Security You understand and
agree that any attempt to break security or to access an account that does not
belong to you will be considered a material breach of these Terms, and such
breach may result in suspension or termination of the Services and possibly
referral to law enforcement authorities. Unauthorized access to the sections of
this Site which are restricted for the use of members only, or the
telecommunications or computer facilities used to deliver the Services is a
breach of these Terms whether or not such activities are a violation of law.
Further, you are required to take adequate security measures to prohibit others
from unauthorized access or use of the Services, including public use, and you
must take prompt remedial measures upon notice of breaches or potential
breaches of security.
Indemnity You agree to indemnify and hold the
Company, its subsidiaries, affiliates, officers, agents, licensors or other
partners and employees harmless from any claim or demand, including reasonable
attorneys' and other legal and litigation fees, made by any third party due to
or arising out of the services and/or products you procure through the Site,
your violation of these Terms, or your violation of any rights of another. You
further agree to reimburse the Company for any cost and/or expense incurred by
the Company and/or in connection with any claim and/or proceedings arising out
of the foregoing, immediately upon the relaying of a notice thereof by the
Company to you.
No Framing You agree not to frame or mirror any
Materials or Third Party Content contained on or accessible from this Site on
any other server or Internet-based device without the advance written
authorization of the Company or its licensors, respectively
Cancellation of Services - Legal Event In the
event a ruling, regulation or order issued by a judicial, legislative or
regulatory body causes the Company to believe that these Terms and/or the
Services provided hereunder may be in conflict with such rules, regulations and
orders, the Company may suspend or terminate the Services, or terminate these
Terms without incurring any liability whatsoever. In the event that the Company
cannot arrange for reasonably comparable Services within a reasonable period of
time (not less than 90 days) following such ruling, regulation or order; the
Company, at its sole discretion, may thereafter permanently terminate the
Services and/or these Terms without incurring any liability whatsoever.
Cancellation of Services - Technical Event You
hereby acknowledge and agree that the Company may cancel your order and/or the
provision of any Services ordered, at any time after the order has been placed
and prior to its shipment if the Site has experienced any technical error or
complication, without incurring any liability toward you, including but not
limited to any loss of profits, damages etc.
Force Majeure In the event that the shipment of
your Order shall be prevented or delayed by reason of an event of force majeure
(as here-under defined), than the following provisions shall apply: (a) for the
purposes of these Terms, the term "Force Majeure shall mean: an act of
God, meteors, fire, flood, or other catastrophes, circumstances in the space
environment over which the Company has no control, change or enactment of any
law of any governmental agency or body which make the subject matter of these
Terms illegal, national emergencies, insurrections, riots, embargoes, wars,
terrorist acts or strikes, lockouts, work stoppages or other labor difficulties
and worldwide shortage of any necessary component or material relating to any
the Products, to the extent it shall have a direct adverse influence on the
ability of the Company to fulfill its obligations hereunder; (b) the Company
shall serve a notice of the occurrence of the event of force majeure to you;
(c) for as long as the event of force majeure continues, the Company shall be
relieved from fulfilling its undertakings and obligations under these Terms,
provided that such release shall lapse immediately after the event of force
majeure has ceased or has been discontinued and (d) in the event that the event
of force majeure shall continue uninterrupted for a period exceeding 3 months,
than the Company shall so notify you and you will be entitled to cancel your
order or the undelivered portion thereof with no legal consequences to you or
to the Company, and you will receive a refund for payments made for the
undelivered portion of your order excluding shipping costs if any.
Limitations of Liability THE COMPANY SHALL NOT
BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING (WITH OR
WITHOUT LIMITATION TO THE FOREGOING) ECONOMIC LOSS, LOSS OF PROFITS, BUSINESS
OPERATING TIME OR USE, HOWSOEVER ARISING IN CONNECTION WITH THE PRODUCT. IN NO
EVENT SHALL THE COMPANY LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM
THE USE OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION,
REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
YOU HEREBY EXPRESSLY, VOLUNTARILY AND IRREVOCABLY AGREE THAT THE COMPANY IS NOT
AND SHALL NOT EVER BE LIABLE, RESPONSIBLE OR IN ANY WAY ACCOUNTABLE FOR ANY
INJURY TO, OR DEATH OF ANY PERSON OR PERSONS WHO MAY AT ANY TIME BE USING THE
PRODUCTS, SERVICES OR ANY OF THEM FOR YOUR PURPOSES, REGARDLESS OF THE NATURE
OR CAUSE OF SUCH INJURY, DAMAGE OR DESTRUCTION, INCLUDING WITHOUT LIMITATION,
THE NEGLIGENCE OF THE COMPANY. YOU HEREBY EXPRESSLY, VOLUNTARILY AND IRREVOCABLY
AGREE THAT THE COMPANY IS NOT AND SHALL NOT EVER BE LIABLE, RESPONSIBLE OR IN
ANY WAY ACCOUNTABLE TO YOU, YOUR EMPLOYEES, SERVANTS, CUSTOMERS OR INVITEES,
NOR TO ANY OTHER PERSON, FOR ANY LOSS, DESTRUCTION OR DAMAGE CAUSED DIRECTLY OR
INDIRECTLY BY THE ANY PRODUCT AND/OR SERVICE PROVIDED BY THE COMPANY OR TO ANY
GOODS, WARES, MERCHANDISE, FIXTURES OR ANY OR OTHER PROPERTY STORED, KEPT,
MAINTAINED OR DISPLAYED IN, ON OR BY THE PRODUCTS OR ANY OF THEM. YOU HEREBY
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH COMPANY IN CONNECTION WITH THE PURCHASE OR USE OF THE PRODUCT IS
THE REPLACEMENT OF A DEFECTIVE PRODUCT OR ANY DEFECTIVE COMPONENT THEREOF WITH
AN IDENTICAL OR SIMILAR ITEM IN ACCORDANCE WITH THESE TERMS. YOU HEREBY
EXPRESSLY WAVE ANY OTHER LEGAL AND/OR EQUITABLE RIGHT YOU MAY HAVE AGAINST THE
COMPANY IN CONNECTION WITH THE PURCHASE OF A PRODUCT. YOU HEREBY AGREES THAT
FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, THE COMPANY 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 YOU ADDITIONALLY
ACKNOWLEDGE UNDERSTAND AND AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE
IN ANY MANNER FOR ANY MISTAKES, ERRORS, MISCALCULATIONS, INACCURACIES OR
OVERSIGHTS IN AN ORDER MADE ON THE BASIS OF YOUR DESIGN OR A DESIGN SHEET AND
NO RETURNS OR REPLACEMENTS WILL BE ALLOWED ON THESE GROUNDS OR ON THE GROUND OF
UNMATCHING CABINETS OR ANY OTHER ITEMS ORDERED ON TCC, LLC .COM. ARBITRATION,
LITIGATION OR LEAGAL PROCEEDINGS OF ANY KIND FOR ANY REASON OR PURPOSE BE
GOVERNED BY THE RULES & LAWS IN THE STATE OF WISCONSIN
Limited Product Warranty You hereby acknowledge
and agree that the Company is not a manufacturer or importer of any Product.
The Products are subject to the Limited Warranty and representations of the
applicable manufacturer as detailed in the Manufacturer’s Warranty Certificate
if any.
THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANYS SOLE WARRANTY
IS THAT UPON THE FULFILLMENT AND EXECUTION OF ALL THE STIPULATIONS, PROVISIONS,
REQUIREMENTS AND SPECIFICATIONS OF THESE TERMS, THE COMPANY SHALL SUPPLY THE
ORDERED PRODUCTS.THIS DISCLAIMER BY THE COMPANY IN NO WAY AFFECTS THE TERMS OF
THE MANUFACTURER'S WARRANTY, IF ANY.
Customer hereby acknowledges and agrees that Company is in
no way responsible and/or liable for the breach of the Warranty terms by
Customer or by the manufacturer of the Product or any component thereof.
Limited Site Warranty YOU EXPRESSLY UNDERSTAND
AND AGREE THAT THE SERVICE AND CONTENT FROM OR THROUGH THIS WEB SITE ARE
PROVIDED "AS-IS" AND "AS AVAILABLE," AND THE COMPANY AND
THE SITE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY
KIND ARISING OUT OF OR RESULTING FROM POSSESSION OR USE OF THIS WEB SITE
(INCLUDING SERVICES PROVIDED BY THIRD PARTIES TO USERS OF THIS WEBSITE, PAYMENT
FOR SUCH SERVICES BY USERS OF THIS WEBSITE, DATA LOSS, CORRUPTION OR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT THE SITE)
OR SOFTWARE PROVIDED, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT,
CONTRACT OR OTHERWISE. THE REMEDIES AVAILABLE UNDER THESE TERMS AND CONDITIONS
ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED
WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERYONE. ALL WARRANTY CLAIMS SHALL
BE MADE DIRECTLY TO THE COMPANY, DISTRIBUTOR, OR MANUFACTURER PROVIDING GOODS
OR SERVICES.YOUR SOLE REMEDY AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE
COMPANY AND THE SITE IN CONNECTION WITH THE SERVICES IS THE CANCELLATION THE
REPLACEMENTOF DAMAGED PRODUCTS, IN ACCORDANCE WITH THE TERMS ABOVE, WITHOUT
CHARGE TO YOU EXCLUDING SHIPPING COSTS OF SUCH REPLACEMENT PRODUCTS WHICH SHALL
BE PAID EXCLUSIVELY BY YOU. NO ADVICEOR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THE COMPANYTHROUGH THE SITE OR THROUGH OR FROM THE
SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Third Party Content Certain information and
content on this Site may be provided by third parties to the Company
("Third Party Content). The Third Party Content is, in each case, the
copyrighted work of the creator/licensor, and may be subject to the separate
and/or additional terms of use and/or privacy policies of such third parties.
Please contact the appropriate third party for further information regarding
such terms. The Company DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Unauthorized Activities You acknowledge that
your unauthorized use of any materials or Third Party Content contained on this
Site may violate copyright laws, trademark laws, the laws of privacy and
publicity, certain communications statutes and regulations and other applicable
laws and regulations, and agree that you are wholly and solely responsible for
your actions or the actions of any person using your screen name and/or
password. As such, you agree to hold the Company entirely harmless from and
against any and all costs, damages, liabilities and expenses (including
attorney’s fees) incurred by the Company in relation to, arising from or for
the purpose of avoiding any claim or demand from a third party that your use of
the Site or the use of the Site by any person using your screen name and/or
password (including without limitation your participation in any chat rooms)
violates any applicable law or regulation, or the rights of any third party.
Non-Endorsement Descriptions of, or references
to, products or publications within the TCC, LLC service does not imply
endorsement of that product or publication. The Company and the Site makes no
warranty of any kind with respect to the subject matter included herein, the
products listed herein, or the completeness or accuracy of this Web site.
Links to Third Party Sites This site contains
links to other Internet sites. Because the Company has no control over such
sites and resources, you acknowledge and agree that neither the Company nor the
Site are responsible for the availability of such external sites or resources
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that neither the Company nor the
Site will be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such site or
resource.
Preservation of Content You acknowledge and
agree that the Company may preserve content you have submitted for publication
within the Site and may also disclose such content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any such content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of the Company, its
users and the public. The company may post on the site or any other site some
or all of the information and or files and or any other media uploaded to the
site by you, with accordance with the company's privacy policy.
Availability The Company does not warrant the
availability of the Site and/or any portion thereof, or that the Site will
operate uninterrupted or error-free. This Site or any portion thereof may be
suspended from time-to-time for scheduled maintenance, for unscheduled
down-time, or for any other reason without notice. While the Company takes
reasonable precautions to prevent problems, the Company is not responsible for
any deletion, alteration or loss of data due to network or system outages, file
corruption, accidental deletion or any other reasons. The Company makes no
guarantees as to server reliability, performance, speed or consistency, and
cannot be held liable for such. Subscriber understands that the Site is
available on an "as-provided" basis.
You agree to use the Site and infrastructure at your own
risk. The Company makes no guarantee of the accuracy, correctness or
completeness of any information on the Site and is not responsible for any
errors, omissions or delays arising from the use of such information.
Copyrights All information and screens appearing
on this Site including documents, products, software and services, graphics,
text elements, Site design, logos, images, and icons, as well as the selection,
assembly, and arrangement thereof, are the sole property of the Company unless
otherwise specified. All rights not expressly granted herein are reserved.
Except as otherwise required by applicable law, any reproduction, distribution,
modification, retransmission or publication of any copyrighted material is
strictly prohibited without the express written consent of the Company.
THE COMPANY RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS,
AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN
COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS
ON OUR WEBSITE, PLEASE PROVIDE THE FOLLOWING INFORMATION TO THE COMPANY:
Fraud In the event that the Company determines,
in its sole discretion, that an order of Services may be fraudulent, we reserve
the right to refuse or cancel any such order and/or offer, for any reason, at
any time, and whether or not the order has been approved.
Assumption of Risk There is a risk that other
users may attempt to access your computer through the Internet or connected
networks. You acknowledge this risk as inherent to the shared nature of the
using the Site and you agree to take full responsibility for taking adequate
security precautions and safeguarding your data from loss.
Limitation of Advice This service is designed to
provide accurate and authoritative information with respect to the subject
matter covered. It is provided with the understanding that the Company is not
engaged in rendering legal, accounting, or expert services. If legal advice or
other expert assistance is required, the services of a competent professional
should be sought.
Errors, Omissions, and Changes While the Company
attempts to ensure the accuracy of any materials presented within this Site,
the Company makes no warranties or representations as to its accuracy, and the
user of this Site is warned that this service could include typographical errors,
technical inaccuracies, and/or other errors or omissions. The Company reserves
the right to make improvements and/or changes in this service at any time, and
we reserve the right to make changes to our site and these disclaimers, terms
and conditions at any time. Product prices that are listed on this Site are
subject to change at the sole discretion of the Company. In the event that a
product is listed at an incorrect price or with other incorrect information due
to a typographical or other error, the Company has the right to refuse or
cancel any orders placed for the Product listed incorrectly.
Applicable Law & General Terms These Terms,
any other policies or guidelines referenced herein contained in the Site
constitute the entire agreement between the Company and you. These Terms govern
your use of the Services, superseding any prior agreements between you and the
Company with respect to the subject matter of these Terms. You also may be
subject to additional terms and conditions that may apply when you use or
purchase certain affiliate services, third-party products or third-party
services.
This site is created and controlled by the Company, in the
State of Wisconsin, USA, and it can be accessed from all 50 states and the
District of Columbia, as well as from other countries around the world. These
Terms and the relationship between you and TCC, LLC and TCC, LLC will be
governed by the laws of the State of Wisconsin without regard to its conflict
of law provisions. You and the Company hereby expressly and freely agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of Dane, Wisconsin.
The failure of the Company to exercise or enforce any right
or provision of these Terms will not constitute a waiver of such right or
provision. If any provision of these Terms is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of these Terms remain in full force and
effect.
You agree that, except as otherwise expressly provided in
these Terms, there shall be no third party beneficiaries to this agreement.
You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or these Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred. You further agree that if a claim,
suite or action is filled in connection with your order of the Products, these
terms, or the Site, the losing party shall pay the attorney and legal costs
incurred by the winning party in connection with said claim, suite or action.
The Company controls and operates this Site from its
headquarters in the United States of America and makes no representation that
the Materials are appropriate or will be available for use in other locations.
If you use this Site from outside the United States of America, you are
entirely responsible for compliance with applicable local laws, including but
not limited to the export and import regulations of other countries in relation
to the Materials and the Third Party Content. Unless otherwise explicitly
stated, all marketing or promotional materials found on this Site are solely
directed to individuals, companies or other entities located in the United
States.
The section titles and paragraph headings in these TERMS are
for convenience only and have no legal or contractual effect.
Products You understand some products** sold by TCC,
LLC are "ready to assemble" products. These are identified by the
verbiage RTA, Ready To Assemble or Pre-Assembled. Semi-custom and custom
cabinetry are not RTA cabinets.
**Some products may come assembled. Please note that some of
our products are manufactured overseas (in most cases China, Mexico, Vietnam,
Asia) and then shipped to our wholesalers distribution warehouses here in the
USA. Custom cabinetry is made in the USA. We are not responsible for factory or
shipping damages and will work with our customer to replace damaged items as
long as they have followed the damge reporting procedures within the stated
timeframe. We will not replace items at no charge to a customer who hasdamaged
the items themselves or failed to report missing or damaged items in the
timeframe noted in their shipping email, or stated on our website.
Ordering and Payment TERMS & CONDITIONS FOR
SEMI-CUSTOM & CUSTOM ORDERS
Material and Finish Disclaimers
These clauses set expectations about the natural and unique
properties of the materials used.
Delivery and Shipping
Warranty and Returns
This section clarifies our policies on product quality,
returns, and damages.
Limitation of Liability
Obtaining Warranty Service
Other Important Notes
Our Right TCC, LLC reserves the right: To cancel
any order before shipment and will issue a full refund to the customer. TCC,
LLC reserves the right to refuse service/sales to any customer with or without
stated cause or reason. To file a lawsuit within the state of Wisconsin against
any customer who has received their product, assembled, modified, installed or
damaged it that disputes their payment. This will be considered an attempt to
defraud the Company and will be met with a lawsuit. Customers with damages must
follow the damage replacement procedure and the Company does not guarantee and
cannot guarantee the length of time it takes to issue and receive replacements
from the warehouse locations or factories. If a customer has not received items after a specicified period of 6 calendar months the customer will be entitled to a refund for ONLY the items they have not received.
CLICK TO CUSTOMIZE