ONLY CABINETS CABINETRY LLC. WEBSITE
Please read these terms and conditions of sale (“Terms”) carefully before using this website. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you (referred to herein as “you” or “Customer”).
This Agreement contains the terms and conditions that apply to your purchase of products and/or services from Only Cabinets LLC. (referred to herein as “Only Cabinets,” “we,” “us,” or “our”) through its website, www.onlycabinets.com (the “Site”). By using the Site or placing any order for products or services through the Site you (the “Customer”) agree to be bound by and accept these terms and conditions. These Terms apply (i) unless the Customer has signed a separate purchase agreement with Only Cabinets, in which case the separate agreement shall govern; or (ii) unless Only Cabinets standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, in Only Cabinets’ sole discretion. Such changes are effective immediately upon posting on this website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms.
These Terms may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Only Cabinets.
PAYMENT AND ORDER ACCEPTANCE POLICY
Terms of payment are within Only Cabinets’ sole discretion, and unless otherwise agreed to by Only Cabinets, payment must be received by Only Cabinets prior Only Cabinets’ acceptance of an order. Only valid credit cards (we accept American Express, Discover, MasterCard, and Visa) or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, provided by another method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order. Final pricing on a Customer’s order is effective on the date that payment for the order has been received. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Prices and merchandise shown on Site do not represent an offer to sell. Orders are not binding upon Only Cabinets until accepted by Only Cabinets. No action by us prior to shipment will constitute acceptance. Only Cabinets reserves the right at any time after receipt of your order to accept or decline your order for any reason. Only Cabinets reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item Only Cabinets does not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered by Only Cabinets.
Pricing and Availability
All prices are shown in U.S. dollars. Taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Prices displayed on the Site may vary from those in our retail stores or from store-advertised prices.
We attempt to provide accurate pricing and information on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that we may record any oral conversations. Should we decide to conduct transactions non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us.
SHIPPING & HANDLING; NO EXPORT BY YOU
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying products from this Website for your own use only, and not for resale, export or use outside the United States. All products sold on this Website are intended to be sold only in the United States for use in the United States only. Shipment of any products outside of the United States may require a valid export license. You agree to defend, indemnify and hold harmless Only Cabinets for any violation of any United States export restrictions.
DELIVERY; TITLE; RISK OF LOSS
RETURNS AND EXCHANGES
Only Cabinets stands behind the quality and value of everything we sell. Your satisfaction with our products is of the utmost importance to us. Each Only Cabinets package is carefully inspected before leaving our warehouse. We encourage you to fully open and inspect your purchase upon receipt. In the event that visible damage occurs in transit or you find any defect, we ask that you contact the freight carrier within 7 days.
Should a manufacturing defect occur with your order, please contact us within 30 days so we may promptly resolve the issue. Only Cabinets will make every attempt to provide replacement parts at no charge. Should parts not be available, Only Cabinets will issue a return authorization except as otherwise indicated in these Terms. Merchandise will not be accepted without a return authorization number.
If you are not completely satisfied with your product, you must Only Cabinets within 15 days of receipt of the product. THE CUSTOMER ASSUMES RESPONSIBILITY FOR ALL FREIGHT (THIS INCLUDES THE SHIPPING FEE THAT WE INCURRED IN SENDING PRODUCT TO YOUR RESIDENCE, PLUS THE SHIPPING FEE BACK TO OUR WAREHOUSE) PLUS A $25 RESTOCKING FEE. RETURN PRODUCT WILL NOT BE PERMITTED AFTER 15 DAYS.
Special Order Cabinetry: Special Order Furniture returns are subject to a 50% restocking fee. Given the uniqueness of every cabinet project, Special Order Cabinet returns are not accepted.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
YOU REPRESENT, ACKNOWLEDGE, AND AGREE THAT THE SITE AND ALL INFORMATION, CONTENT OR PRODUCTS, INCLUDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND THAT ONLY CABINETS HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, ONLY CABINETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE AND THE INFORMATION, CONTENT OR PRODUCTS MADE AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY PRODUCT (ALL OF WHICH ARE DISCLAIMED).
UNDER NO CIRCUMSTANCE SHALL ONLY CABINETS, ITS PARENTS, SUBSIDIARIES OR AFFILIATES AND EACH OF THE FOREGOINGS’ DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THIS AGREEMENT OR ANY INFORMATION, CONTENT OR PRODUCTS OBTAINED THROUGH THE SITE. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ONLY CABINETS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF ONLY CABINETS TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR THE PRODUCTS OR SERVICES WHICH GIVE RISE TO THE LIABILITY. YOU MAY BRING NO CLAIM AGAINST ONLY CABINETS MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF ONLY CABINETS IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.
Materials published at this Site may refer to products, programs or services that are not available in your country. Only Cabinets makes no representation that the contents of the Site are appropriate or available for use at locations outside of the United States, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use the Site or export any contents of the Site in violation of U.S. export laws and regulations. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.
Jurisdiction and Governing Law
Only Cabinets operates and controls this Site (excluding linked sites) from its offices within the State of Texas. You agree that the statutes and laws of the State of Texas will apply to all matters regarding the use of this Site. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Dallas County, Texas with respect to such matters. Only Cabinets makes no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
Any failure by Only Cabinets to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and Only Cabinets relating to your use of the Site.