TERMS & CONDITIONS
AGREEMENT
Welcome to BuddysFlooringOutlet.com, hereafter referred to as “Buddy‘s“ or the “Site.” The use of this Site is governed by the policies, terms, and conditions set forth below. Before using this Site, you are responsible for reviewing and becoming familiar with these terms and conditions. Upon using this Site, placement of an order, or submittal of any purchase, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions. Buddy’s reserves the right, at our sole discretion, to change, amend, or modify these Terms and Conditions at any time. These changes will be become effective immediately when posted on the Site. Your continued use of this Site after the posting of these changes indicates your acknowledgement and acceptance of such changes. So that you are aware of these changes, please review the Terms and Conditions each time you enter this Site. If you do not agree with the content or part of content of the Terms and Conditions, do not use this Site.
PRIVACY POLICY
BuddysFlooringOutlet.com is dedicated to protecting your privacy. We do not sell, rent, or trade your personal information to third parties without your permission. We do share your information to third parties associated with your purchase; address information with the shipping companies delivering your purchases to you and credit card information to the card-issuing bank to verify payment for your purchases. We do share your personal information if required by law enforcement and/or the Court of Law.
Visitors to our web site are only required to give personal information in the following situations: ordering product and/or services, requesting information be sent to them via telephone, address, or email address, submitting content (i.e. images of flooring), and/or sending us feedback. Not all of the personal information is required or mandatory; however you will have to provide the required or mandatory personal information in order to utilize our products and services. We may use this personal information to notify you about new products, services, and special offers. If you do not want to receive this information, visit the CONTACT US page to let us know.
If you need to update your personal information, visit the CONTACT US page to let us know.
When making your purchases on our secure server, you are protected by Secure Socket Layer (SSL) technology. This secure server encrypts your information to avoid decoding of your information by anyone other the BuddysFlooringOutlet.com.
Cookies are small bits of data text that are stored in your web browser that can later be used by our web site to identify you. We utilize cookies to record session information, such as storing items placed in the shopping cart. You may choose to decline cookies by changing your web browser preferences, but in doing so, some of our web site features may not function properly.
By using our web site, you are consenting to the collection and use of your personal information by BuddysFlooringOutlet.com. We have the right to change our privacy policy at any time. If and when we exercise this right, the changes will be effective immediately when posted on our web site. So that you are aware of these changes, please review this policy each time you enter our web site. Your use of our web site after these changes establishes that you acknowledge the updated privacy policy and agree to its terms. If you have any questions and/or concerns about this Privacy Policy, please visit the CONTACT US page to let us know. You may also send a letter to:
BuddysFlooringOutlet.com
Attn: Web
3030 E. Inland Empire Blvd.
Ontario, CA 91764
COPYRIGHT AND TRADEMARK NOTICE
All content on this Site is protected by trademark, copyright, patent, or other ownership rights of Company and its affiliates, service providers, and licensors. Some images are courtesy of manufacturers. You must receive written permission of owners to copy, reproduce, republish, display, download, modify, allocate, transfer, or post these trademarks, copyrights, patents, and other ownership rights.
DISCLAIMER OF WARRANTIES
Your use of the Site is at your sole risk. The products and services on the site are provided on and “as is” and “as available” basis and by using the site you expressly understand and acknowledge this disclaimer.
buddy’s expressively disclaims all warranties (for all products and services on the site), express or implied, including, but not limited to merchantibility, eligibility for a particular purpose, title and non-violation, accuracy, reliability, security, or currency of any content, service, data, or operation of and on this site, servers, or emails sent between you and buddy’s, completeness, uninterruption, those from trade, and those within the law.
Buddy’s is not responsible and expressly denies warranty for any damage to your computer system from your use of the site, products and services on the site, or from any emails sent by buddy’s. buddy’s is not responsible and expressly denies warranty for your dissatisfaction in a product or service or that a product or service will be secure, correct, and free from any defects.
LIMITATION OF LIABILITY
You acknowledge and understand that Buddy’s or its affiliates (officers, employees, agents, suppliers, or any other party involved in the creation and operation of this Site) shall not be liable for any claims or damages, whether direct or indirect, special, incidental, consequential, or punitive, as a result of your access to this Site, your use of this Site, your incapacity to use this Site or products and services of this Site, or otherwise developing in connection with this Site, whether in contract or tort or otherwise, even if you have been counseled of the prospect of any such damages. You access and use this Site at your own risk. Some laws in certain jurisdictions do not allow limitations and/or exclusions on specific warranties or damages. As a result, our liability will fall within the legal requirements of these certain jurisdictions.
INDEMNIFICATION
You agree to indemnify and hold Buddy’s or its affiliates (officers, employees, agents, suppliers, or any other party involved in the creation and operation of this Site) harmless from any and all liability, claim, damages, loss, costs or expenses including, without limitation, legal (attorney), collection, accounting, or any other professional fees, either consequential, special, or incidental of any kind as a result from your use of this Site, your use of the products and services of this Site, or from the use of third parties of this Site in connection with your access to the Site (ID or password), regardless of your knowledge and/or authorization.
WARRANTIES
All warranties are solely with the product’s manufacturer and not with Buddy’s. Buyer understands Buddy’s does not warranty or guarantee the product as any warrantees or guarantees are with the manufacturer of the product. If you feel you have a claim, contact the manufacturer directly as instructed in the reading material provided with the product. Product marked as “Irregulars,” “Cabin Grade,” AS-IS,” or “Seconds” carry no manufacturer’s guarantee.
RETURN & REFUND POLICY
If you (Buyer) are not satisfied with your purchase, you may return the items within 30 days from the date of delivery. The items must be returned in original condition and/or unopened, undamaged cartons. A non-negotiable 25% restocking fee is charged on all returns. No returns are allowed after 30 days from the date of delivery. No exceptions. If the items need to be shipped back to Buddy‘sFlooringOutlet.com, Buyer is responsible for the shipping costs. Refunds will be given after the items have been received and inspected by Buddy’sFlooringOutlet.com. These items eligible and accepted for return will be refunded to the credit card used at the time of purchase. We do recommend that you keep 1-2 cartons of product for future repairs.
All cancellations not yet shipped will be subject to a non-negotiable 10% restocking fee. All cancellations that have been shipped are considered a return and subject to the return policy mentioned in the previous paragraph. If the Buyer refuses the order at time of delivery, the Buyer will be responsible and charged for the return shipping costs and the non-negotiable 25% restocking fee.
The following items are not returnable: Moldings, Sundries, Cleaning Supplies, Laminate Underlayment, Installed Product, and items marked as “Clearance,” “Specials,” "Close-Out," “Cabin Grade,” “AS-IS,” and/or “Seconds.”
SHIPPING, PICK-UP & PRODUCT VERIFICATION
If you (Buyer) are picking up product: Buyer and/or Buyer’s Agent is responsible to confirm that all product picked up is correct. All product picked up or delivered should be inspected for damage, color, quantity, and quality. Buddy’s will not be responsible for damage, shortages, or quality once Buyer has signed for the product. The Buyer agrees to indemnify and hold Buddy’s harmless for: (1) any damage to product or the Buyer’s vehicle during loading or transportation; (2) any damages to person or property while Buyer transports any product purchased from Buddy’s; and (3) all damages, either consequential, special, or incidental of any kind. All claims regarding damages and/or loss must be made to Buddy’s prior to installation. Buyer understands natural product such as hardwood, stone, marble, etc are products of nature and are subject to color, shade, grain, finish, and appearance variations from lot to lot, carton to carton and within a carton. Other non-natural products vary from sample. Buyer understands Buddy’s cannot accept any returns or adjustments for “product variations.” Note: Solid hardwood requires acclimation.
If product is being shipped to your (Buyer) location: Buddy’s will ship products by the next business day. If there are delays, we will notify you via email or phone. All deliveries are considered to be curbside deliveries. Delivery drivers will not enter your home but will help you take the product off the truck. Special shipping arrangements must be specified at the time of order. Buyer and/or Buyer’s Agent is responsible to confirm that all product delivered is correct. All product picked up or delivered should be inspected for damage, color, quantity, and quality. If freight damages and/or shortages have occurred, compensation is provided if: 1) Buddy’s is notified within five (5) business days of receipt of product, 2) the damage and/or loss is indicated on the delivery documents at the time of delivery, and 3) a proof of date of delivery is provided. Buddy’s will not be responsible for damages or shortages if these tasks are not completed by the Buyer. Buyer needs to contact Buddy’s at (877) 79-BUDDY or visit the CONTACT US page to let us know. Buyer must keep this product. Once Buyer receives an email from Buddy’s authorizing the return, Buyer must send the product back to Buddy’s. Buddy’s must be able to inspect the product before additional product is shipped or a refund is given. Buyer might find that damaged product can still be used. For example, if a corner of a laminate board is damaged, you can use this board where the floor meets the wall because these boards are usually cut. Hence, you can cut the damaged corner off and install the laminate board against the wall. The Buyer agrees to indemnify and hold Buddy’s harmless for any damage and/or loss to product, either consequential, special, or incidental of any kind due to delays in delivery. Examples are damages caused by the special shipping arrangements, natural character of the product, delays, weather, acts of God, law enforcement within the law, or public disturbance. All claims regarding damages and/or loss must be made to Buddy’s prior to installation. Once installed, owner acknowledges product is correct. Buyer understands natural product such as hardwood, stone, marble, etc are products of nature and are subject to color, shade, grain, finish, and appearance variations from lot to lot, carton to carton and within a carton. Other non-natural products vary from sample. Buyer understands Buddy’s cannot accept any returns or adjustments for “product variations.” Note: Solid hardwood requires acclimation. Buyer can cause additional shipping charges from returns, delays caused by you, if the drop off location is changed by you, inability to contact you, or inability for you to receive product (storage fees). If the shipping rates are incorrect at any time throughout the order, Buddy’s can express its right to adjust or cancel the order at any time.
PRODUCT & SERVICE AGREEMENT
DEFECTIVE PRODUCT. Any defective product should not be installed. Buyer is to contact the manufacturer of the product. Buddy’s will not be liable for labor or damages to remove and reinstall defective product.
PRODUCT GUARANTEE & MODIFICATION. Buddy’s cannot guarantee the availability or price of any product or services listed on this Site. Buddy’s can change the availability and/or price of a product at any time without notice. Buddy’s can not guarantee that the content, prices, or product descriptions are accurate, up-to-date, or complete. If a product or service has an incorrect price listed on the Site, Buddy’s has the right to cancel and/or refuse any orders pertaining to this error. If the Buyer has already been charged for this order, Buddy’s will issue a refund for the total incorrect amount to the payment used at the time or purchase. The prices listed on the Site are in United States dollars and do not include sales tax and shipping and handling. These additional costs, if applicable, are provided at the time of checkout and are the Buyer’s responsibility to pay. In addition, prices may vary depending on your location.
IMAGES AND SAMPLES. Images on the Site may vary from the actual product due to the image program you choose to use. These images are not intended to be exact representations of the product but to serve as a guide. It is recommended that you obtain a sample of the product before purchasing it. However, samples might have slight variations and are also to serve as a guide for the actual product.
SHIPPING. Please refer to the above section SHIPPING, PICK-UP & PRODUCT VERIFICATION.
INSTALLERS
Buddy's does not employ and/or subcontract installers and/or installation companies. Buyer directly compensates installers and/or installation companies for their services, and not Buddy's. Buddy's might aid in the process of installation (not including actual installation), but in means does this aid qualify Buddy's to be responsible for anything involving installation. Buyer is responsible for verifying the references, licenses, competence, and quality of workmanship of all installers or installations companies referred by Buddy's. Buyer indemnifies and hold Buddy's harmless for any and all claims and damages resulting from installers and installation companies referred by Buddy's.
SALES TAX
Buddy’s is required to charge sales tax in the State of California. If you meet the legal guidelines to buy resale or are tax exempt, you must fax the appropriate documents to Buddy’s before shipment to (909) 466-7503.
PREVAILING PARTY
The prevailing party in any action to enforce the terms or provisions of this agreement, including collections, shall be entitled to an award of collection and/or attorney’s fees and court costs incurred in any action and all actions will be filed in the County of San Bernardino, Rancho Cucamonga courts in compliance with the laws of the State of California.
