Terms & Conditions
TERMS AND CONDITIONS FOR SALE OF GOODS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. THIS TERMS SUPERCED ANY OTHER TERMS AND CONDITIONS REGARDING ALL SALES, ORDERS, PRODUCTS FROM THIS WEBSITE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS BY APPLICABLE LAW.
These terms and conditions of sale (these "Terms") apply to the purchase and sale of products through www.woodaffix.com (the "Site"). These Terms are subject to change by Woodaffix LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. By visiting our site, and purchasing from our Products, you, engaged in our Terms, including those Terms and Policies reference herein or included within our page and available by hyperlink.
1. Delivery. The Goods will be delivered within a reasonable time after Seller's issuance of the Sales Confirmation (the "Delivery Date"). Seller shall not be liable for any delays, loss, or damage in transit. The shipping terms will be those as shown on the Sales Confirmation using Seller's standard methods for packaging and shipping such Goods. All risk and risk to the Goods shall pass to Buyer upon delivery to the carrier. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. After providing notice to Seller, any permitted returns shall be subject to a transportation and handling charge set by Buyer per section 6. Buyer shall inspect for defects, shortages, or damage upon delivery of the Goods. Buyer must begin and complete inspection within twenty-four [24] hours of delivery and provide notice to Seller of any defect.
2. Quantity. Seller reserves the right to source the materials used to create, produce, or manufacture the Goods from any one or more Seller facilities. Regardless of the Goods' origination or production location, the Goods shall perform in the same way and arrive on the same delivery timeline.
3. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Woodaffix LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email, shall you desire to cancel your order please contact us at sales@woodaffix.com.
4. Prices and Payment Terms. Buyer shall purchase the Goods from Seller at the prices (the "Prices") set forth in Seller's published price list in force as of the date the Seller issues the Sales Confirmation. All Prices posted on this Site are subject to change without notice. The Price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. Our store is hosted by Shopify Inc. They provide an online e-commerce platform that allows us to sell our products.
5. Returns and Refunds. Will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a 15% restocking fee.
Refunds are processed within approximately 30 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
6. Limited Warranty. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD THE PRODUCT PURCHASED FROM THE SITE WILL BE PERFORMED IN A INTEMDED PURPOSE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR PRODUCTS.
A WARRANTY OF ONE YEAR FOR OUR PRODUCTS WILL BE OFFERED IN CASE OF ANY MANUFACTURER DEFECTS. THIS WARRANTY EXPLICITLY REJECT ANY DAMAGE CAUSED BY NORMAL USE, MISUSE, ABUSE, OR UNAUTHORIZED MODIFICATIONS. AT THE SELLER’S DISCRETION, A REPLACE WILL BE PROVIDED IF A PRODUCT IS FOUND TO BE DEFECTIVE AT NO COST TO THE BUYER. IF REPLACEMENT IS NOT AN OPTION, AT SELLER’S DISCRETION, THE SELLER COULD CHOOSE TO PROVIDE A REFUND.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT AND SECTION 7. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE
SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a)Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary.
(b)Who May Use This Warranty?
This limited warranty covers during the Warranty Period (as described below) defects in material purchased from the Site except HPL products.
HPL products are exempt from any and all warranty statements in this or any section of the Terms or any statement within the Site.
(c)What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(i)transportation;
(ii)storage;
(iii)improper use;
(iv)failure to follow the product instructions or to perform any preventive maintenance;
(v)modifications;
(vi)combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Woodaffix LLC;
(vii)unauthorized repair;
(viii)normal wear and tear; or
(ix)external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d)What Is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one year the "Warranty Period". The Warranty Period is not extended if we replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e)What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, replace such products (or the defective part) free of charge. We will also pay for shipping and handling fees to return the replacement product to you.
(f)How Do You Obtain Warranty Product?
To obtain any warranty you must contact us at Sales@woodaffix.com
(g)Limitation of Liability.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS , OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Notwithstanding any provision to the contrary contained in this Terms and Conditions, the maximum aggregate liability of the Buyer, any affiliate, agent's representative, or unknown end customer shall not exceed the aggregate Purchase Price paid by Buyer.”
7. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, as provided in the Site governs the processing of all personal data collected from you in connection with your purchase of products
through the Site.
8. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; [(h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
9. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
10. Dispute Resolution and Binding Arbitration.
(a)YOU AND WOODAFFIX ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b)The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules"). The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Woodaffix LLC.
13. No Third-Party Beneficiaries. These Terms do not and are not
intended to confer any rights or remedies upon any person other than you.
14. Notices.
(a)To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b)To Us. To give us notice under these Terms, you must contact us as follows: via email at sales@woodaffix.com We may update our email address for notices to us by posting a notice on the Site. Notices provided by email will be effective when received.
15. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
16. Entire Agreement. Our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
17. Intellectual property. “Invention” means any ideas, concepts, information, materials, processes, data, programs, know-how, improvements, discoveries, developments, designs, artwork, formulae, other copyrightable works, and techniques, and all Intellectual Property Rights therein. The term “Intellectual Property Rights” means all trade secrets, copyrights, trademarks, patents, and other intellectual property rights recognized by the laws of any country. The Parties agree that all Inventions and Intellectual Property Rights shall be and remain the property of Seller.
Woodaffix LLC Terms and Conditions for Sale of Goods V1.0
Effective December 22, 2023.