ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify the acceptance of Customer’s order, nor does it constitute confirmation of an offer to sell. The Site reserves the right at any time after receipt of Customer’s order to accept or decline the order for reasonable cause including, but not limited to, the lack of availability of the Products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted and the order is cancelled, we will issue a full refund.
PRICES AND AVAILABILITY OF PRODUCTS
We reserve the right to amend prices at any time without notice. While we attempt to ensure that all prices displayed on the Site are correct, it is possible that an error may be made. Should this happen, the price will be corrected and we will contact you to confirm whether you still wish to proceed with the order you placed but at the corrected price. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order confirmation.
If the purchased item is out of stock, you will be notified via email and advised of the expected ship date of the out of stock item. If for any reason you wish to cancel your order prior to its shipment, please email us and we will cancel your order for a full refund.
In some states we collect and remit sales tax. For those purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local "tax holidays," the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless the Site, JJC Studios, Inc. DBA Flooring Store Online, its officers, directors, employees, agents and representatives, from any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
We accept VISA, MASTERCARD, DISCOVERY and AMERICAN EXPRESS. We do not charge your credit card until we have verified availability, however we do attempt to get an authorization on your card for the amount of your order at the time it is placed. This authorization is not a charge but still may utilize a portion of your credit limit or available funds thus rendering those funds or portion of your credit limit unavailable for other use. In the unlikely event that your order is delayed or cancelled the authorization will expire and your credit limit or available funds will again become available for use. The amount of time it takes for an authorization to expire is dependant on the policies of the bank that issued your card and ranges from 1 to 7 business days.
Small Item Shipments
Small Orders are typically shipped UPS Ground or USPS and tracking information will be provided if available. The typical transit time is 3 to 10 days.
Large Items via Truck Freight (LTL Carriers)
We offer Residential Curb-Side Delivery, Business Delivery and Terminal Pickup for all LTL shipments. Once the order is shipped we will email you with tracking and contact information so you can track your order.
The following is a description of our delivery options.
1. Residential Curb-Side Delivery - Order will be placed at curb and the driver is not allowed to move Products inside. An additional fee will be charged if a lift gate is required.
2. Business Delivery - Order will be delivered to a business location with a loading dock or forklift to unload Products. An additional fee will be charged if a lift gate is required.
3. Terminal Pickup – We will do our best to select a terminal location in the city that you reside but in some circumstances terminal locations maybe in an adjacent city.
It is Extremely Important that you inspect all items at the time of delivery and note any damage to the Cartons/Boxes on the Bill of Lading or delivery slip prior to the driver leaving. The Product that is shipped to you is insured with the Shipping Carrier to protect it from damage that may occur in transit. In the event that transit damage occurs and is not noted on the delivery slip, the Shipping Carrier is not responsible for the damage.
IMPORTANT: By signing the delivery slip you are accepting the Product "in good and satisfactory condition" and thus assume the responsibility if the Product is later found damaged. In order to avoid this please be sure to inspect the Product prior to signing the delivery slip. If you do discover any damage during your inspection please be sure to note ALL damages on the delivery slip.
Please review the following scenarios so you know the best way to deal with any damage issues. ALL PACKAGING MUST BE RETAINED FOR INSPECTION BY THE CARRIER. Failure to comply with this will result in denial of damage claim.
Damage to a couple of cartons/boxes:
1. If a couple of boxes are damaged please accept the delivery and we will assist you with filing a claim for the damaged items with the shipping carrier.
2. Please make sure you note damages on Bill of Lading.
3. Photograph damaged areas with a digital camera and email the photographs to us.
Refusing entire delivery due to excessive damage:
1. Have the driver note on Bill of Lading that the Product is being refused for excessive damage.
2. Photograph damaged areas with a digital camera and email the photographs to us.
3. The driver will then take the damaged Product and return it to the local terminal.
4. Once the Product has been refused, please contact us immediately and we will assist in filing a Damage Claim on your behalf.
If the damage has been discovered AFTER the driver has already left your location:
1. Immediately contact the carrier to alert them of the situation.
2. Immediately contact us to report the situation. Include helpful details, such as package condition, how it was received (left at front door, signed for), and description of the damage.
3. DO NOT discard any of the cartons, packing materials or palette it came on.
4. DO NOT discard the Product itself. (It may be necessary for the carrier to inspect the Product and report on the damage).
5. DO NOT ship the item back to us without first being instructed to do so. Failure to comply may result in denial of a damaged item claim per shipping carrier’s claims guidelines.
6. Photograph damaged areas with a digital camera and email the photographs to us.
Customer satisfaction is our top priority. If you are unsatisfied for any reason with your purchase, you can return or exchange it within 15 days of delivery if the following conditions apply:
1. Only materials in original and unopened packaging will be considered for return. Once an item has been opened it is no longer returnable.
2. No returns will be accepted without a Return Authorization Number.
3. The return must be for all of the materials purchased. We can not accept returns for product overages.
4. All returns are subject to a manufacturer’s restocking fee. Please click on the below links for a specific manufacturer’s return policy.
5. Customers are responsible for all inbound and outbound shipping costs if the return is not because of shipping damage or warranty issue.
6. THE OUTBOUND SHIPPING COST MAYBE HIGHER THEN THE INBOUND SHIPPING COST DUE TO DISCOUNTING AT THE TIME OF PURCHASE.
7. Refunds will be made in the same form of payment as originally used to pay for the order within 15 business days of receipt of the items.
8. There are no returns on moldings/trims, adhesives, underlayments, finishes and cleaning supplies
9. No refunds will be issued after 30 days.
If a delivery is not damaged and refused, the Customer is responsible for inbound and outbound shipping cost. The refund the Customer receives will be for the product only, minus restocking fees and will not include shipping costs, handling fees and supplemental shipping insurance if purchased. Outbound shipping charges may be higher then the inbound shipping charges due to discounting at the time of purchase.
We offer a full refund if the following conditions exist:
1. Your item is a regular stock item and is not a special order item
2. Your order has not shipped.
If the product has been shipped, you will be responsible for all inbound and outbound shipping charges. Outbound shipping charges may be higher then the inbound shipping charges due to discounting at the time of purchase. These charges will be deducted from your refund.
All Products sold on the Site are covered ONLY by the Manufacturer specific warranties. Warranty information can be located under the "Warranty" tab for each specific Product. Each manufacturer has different warranty policies so please review the ones that apply to your purchase. No other warranty, express or implied, is granted. You may contact the manufacturer directly or contact us and we will forward your claim to the manufacturer.
To review a manufacturers warranty click on the below link.
LIMITATION ON DAMAGES
JJC Studios, Inc. DBA Flooring Store Online does not accept liability beyond the remedies set forth herein. JJC Studios, Inc. DBA Flooring Store Online will not be liable for lost profits, loss of revenue or of business or other consequential, special, indirect, or punitive damages, even if they were foreseeable or if we were advised of the potential of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of Products, we are not liable or responsible for any amount of damages above the aggregate dollar amount paid by Customer for the purchase(s) under this agreement. This limitation will apply regardless of the form of action (i.e. whether a lawsuit is in contract including negligence).
LIMITATION OF CLAIMS
Without limiting the scope of any other terms and conditions herein, any and all claims related to Products sold to Customer through the Site shall be made within fifteen (15) days after receipt of the Product to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Customer's failure to give us written notice of any claim within the applicable time period shall constitute an absolute and unconditional waiver of such claim. In no event shall Customer commence any action against JJC Studios, Inc. DBA Flooring Store Online related to Products sold to Customer through the Site later than 30 days after receipt of the Product giving rise to such action.
LIMITATION OF REMEDIES
Customer agrees that in the unlikely event of any dispute between JJC Studios, Inc. DBA Flooring Store Online regarding any Product or the contents of this Agreement, the Customer's sole remedy will be for money damages that will not exceed the amount of any payment previously paid by Customer to JJC Studios, Inc.
Customer shall defend, indemnify and hold harmless JJC Studios, Inc. DBA Flooring Store Online and its officers, directors and shareholders, including, but not limited to, their affiliates, agents, attorneys, employees, insurers, officers, predecessors, representatives, and successors, from and against all claims, liabilities, costs and expenses (including, but not limited to, those related to injury or to death of Customer, Customer's employees or other persons) arising from or connected with (a) a breach by Customer of this Agreement or (b) the possession, handling, use, or resale of the Products by Customer or others, including, but not limited to, any claims alleging negligence on the part of JJC Studios, Inc. DBA Flooring Store Online. JJC Studios, Inc. DBA Flooring Store Online may participate in the defense of any such claim for the further protection of its own interests.
We both agree that in the unlikely event of any dispute between us regarding the subject matter of this Agreement or a breach of any warranty, that we will each forego formal litigation in favor of the following procedure for resolving our dispute. We shall submit any dispute to arbitration pursuant to the Colorado Rules of Arbitration and the court rules pertaining thereto in accordance with their then-applicable rules. Arbitration shall be initiated as provided by the Colorado Rules, although the written notice to the other party initiating arbitration shall also include a statement of the claim(s) asserted and the facts upon which the claim(s) are based. Arbitration shall be final and binding upon the Parties and shall be the exclusive remedy for all disputes. Either party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Otherwise, neither party shall initiate or prosecute any lawsuit or administrative action in any way related to any dispute. All arbitration hearings under this Agreement shall be conducted in Denver, Colorado. Colorado law shall govern the interpretation and enforcement of this Agreement. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ANY DISPUTE, INCLUDING WITHOUT LIMITATION ANY RIGHT TO TRIAL BY JURY AS TO THE MAKING, EXISTENCE, VALIDITY, OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE. Notwithstanding the foregoing, the parties agree to mediate any arbitrable dispute for a period of not less than four hours prior to the commencement of any arbitration. Such mediation shall be in accordance with Colorado mediation statutes. Any party failing to engage in such mediation or arbitration shall be deemed to be in default and the non-failing party may seek entry of judgment in its favor