TERMS & CONDITIONS
Welcome to BuildersDepotDirect.com, GlassMosaicsDirect.com, MetalMosaicsDirect.com and VenatoCarraraMarble.com hereafter referred to as "Site". Before usage of this Site, you must read, understand and agree to be bound by the following policies and terms referenced and any subsequent changes to the foregoing which may be made without notice. By using this Site, you signify your acceptance of these Terms & Conditions. If you do not agree with any part of the following Terms & Conditions, do not use this site.
BuildersDepotDirect.com, GlassMosaicsDirect.com, MetalMosaicsDirect.com and VenatoCarraraMarble.com ("Builders Depot") reserves the right to change or modify any of the terms and conditions contained in the Terms & Conditions or any policy or guideline of the Site, at any time and at its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site after the posting of its changes or modifications will constitute your acceptance of such changes or modifications. As you are constantly subject to these current terms and conditions, you should frequently review the Terms & Conditions and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.
These terms and conditions are also applicable to any transaction or purchase made with Builders Depot, as they are hereby conditioned as an extended use of this Site.
CONTENT DISCLAIMER & LIMITATION OF LIABILITY
Your use and viewing of this Site is at your sole risk. The site as a whole, and the content therein are available and provided on an "as is" and "as available" basis. Builders Depot makes no representations or warranties, neither express or implied, of any kind in respect to this site, the operation of this site, it’s content(s), or information. By using this site and viewing the content therein, you thereby acknowledge that you have been advised by Builders Depot to undertake your own due diligence with respect to this site.
LIMITATION OF LIABILITY
YOU AGREE THAT BUILDERS DEPOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY, IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUILDERS DEPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUILDERS DEPOT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED USD$75.00.
PRODUCT & SERVICE AGREEMENT
Builders Depot makes every effort to fulfill every order, however Builders Depot cannot guarantee the availability of any particular product displayed on this Site. Builders Depot reserves the right to discontinue the sale of any product listed on this Site at any time without notice, and product prices offered on this Site may vary from other advertised prices due to varying conditions in different markets.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, regardless of whether or not you reside in an area that is subject to such taxes in accordance with federal and state law, which will be added to your total invoice price, should such taxes be applicable to you. You are solely responsible for the cost(s) of any shipping and handling charges and state and local sales or use taxes that may apply to your order. It is Our goal to maintain a website without any error whatsoever, however we do not guarantee that any content is accurate or complete, including price information and product specifications, and Builders Depot reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted) at our exclusive discretion.
SHIPPING
Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customer’s responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Additional storage and/or shipping charges and other warehouse charges may apply if Customer can not be contacted, or is not available, to receive product; or if product is redirected upon Customer’s request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Builders Depot suppliers, Builders Depot shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Builders Depot within ten (10) days from the date the shipment was delivered. Builders Depot shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The Authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.
SAMPLES & PRODUCT DEPICTIONS
Samples requested and sent to customers are sent at the lowest possible price in effort to assist customers in product order selection. Samples received are not to be considered an exact representation of products and only used as a general idea of product appearance. Builders Depot assumes no responsibility for any errors or perceived misrepresentations resulting from mislabeled or inconsistent product samples. Please be advised that images and products depicted on this site are not meant to be exact representations of product appearance, and may vary significantly depending on your chosen viewing device.
Builders Depot reserves the right to refuse any and all returns if the customer does not first order a sample to verify the color, condition and suitability of the product.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Builders Depot and its agents, officers, directors, employees, consultants, and representatives from and against any loss, liability, cause of action, claim, demand, damages, costs or expenses including without limitation reasonable or otherwise legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use or any other entity or individual's use of this Site, including but not limited to any violation by you of the Terms & Conditions. Builders Depot reserves the right, to assume the exclusive defense and control of any matter, subject to you indemnification, which shall not excuse your obligatory indemnity of Builders Depot.