PLEASE READ THESE TERMS OF SALE CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ORDERING ANY PRODUCT OR SERVICE THROUGH THE WEBSITE OR OTHERWISE, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE WITH THESE TERMS OF SALE, DO NOT COMPLETE THIS TRANSACTION. PLEASE PRINT OR SAVE A COPY OF THESE TERMS OF SALE WITH YOUR ORDER FOR FUTURE REFERENCE.
Scope and Application. These Terms of Sale (the "Terms of Sale") constitute a binding legal contract between (a) DIY Home Center, LLC (“DIY”), with principal offices at 2461 Larsen Road, Green, Bay, WI 54303 (the “seller”) and (b) you (the “purchaser”). These Terms of Sale apply to all sales of, and offers to sell, products and services by us to you. You should also read our Terms of Use, which govern your use of the website www.diyhomecenter.com (the “Website”), and our Privacy Policy, which governs how we collect and use information you provide to us through this Website.
Changes to these Terms. We may update these Terms of Sale from time to time. Changes to these Terms of Sale will become effective when posted and will apply to the offering by us of products and services, and your purchase of such products and services, through this Website as of the effective date. We will make an updated version of these Terms of Sale accessible through the Website with a revised effective date, to let you know that we updated them.
Eligibility Requirements. If you order or purchase products through this Website, you represent and warrant that you are 18 or older, that you are of legal age to form a binding contract with us, and that you meet the eligibility requirements below. If you cannot provide this representation and warranty, do not purchase products through this Website. You may not purchase products or submit orders through this Website if you are a foreign national of a country subject to a U.S. trade embargo or sanctions program covering the products offered through this Website or are on any restricted parties lists maintained by a US or foreign government including without limitation the Denied Parties List, Specially Designated Nationals List, Unverified List or Entity List. We currently do not fulfill orders or ship orders outside of the United States. Please see the Delivery Information page for more information about the delivery of products and locations where such products may be delivered.
Order Placement. To place an order on the Website, you will generally need to select the products you would like to purchase, add them to your shopping cart and/or click to enter the checkout process, provide us with delivery and billing information, provide any necessary acknowledgments and conduct any final review of your order, and submit your order. Prior to our Acceptance of your order (as defined below), an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not mean your order has been accepted by us.
We regularly update and revise our products and product lines. The prices, quotations and descriptions made on this Website are subject to availability and are subject to availability. We may revise and discontinue products at any time or mark products as backordered or out of stock without notice to you, which may affect information in a saved online cart session. We cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item. We do not guarantee that the content on the Website or any third party website is accurate or complete, including pricing information and product specifications. We reserve the right to correct any errors, omissions, or inaccuracies we find on the Website, including but not limited to pricing errors, without notice. If we find errors, they will be corrected, and the corrections will be applied to any orders submitted and accepted by us. We are not responsible for any pricing or other errors on third party websites, such as Google or any other third party. The prices on the Website will be applied regardless of any pricing information provided by a third party website.
Order Acceptance, Title Transfer and Risk of Loss; Use of the Products. No contract will exist between you and us for the sale or supply of any products or services unless and until we accept your order by delivering your physically fulfilled product to the shipping carrier ("Acceptance"). We may cancel your order at any time and for any lawful reason prior to Acceptance. In addition, your order or refund may not be processed due to suspected unauthorized or illegal activity. We may cancel any accounts, refuse to ship to certain addresses, or withhold refunds due to suspected unauthorized or illegal activity. We may correct pricing errors at any time, with or without notice. All physical product purchases by you from us are made pursuant to a shipment contract, which means that the risk of loss and title to physically-fulfilled products passes to you upon delivery of product to the shipping carrier. IF NO SIGNATURE IS REQUIRED FOR DELIVERY, YOU ACCEPT ALL RISK OF THEFT OR LOSS OF THE DELIVERED PRODUCT FOLLOWING DELIVERY TO THE DELIVERY LOCATION.
Product Returns and Reporting Damage. Any return of a product is subject to the process and limitations set forth on the Product Returns and Reporting Damage page on the Website. NOTE THAT CERTAIN PRODUCTS, AS LISTED ON THE WEBSITE, MAY NOT BE RETURNED AND DIY WILL NOT ACCEPT RETURN OF THESE PRODUCTS OTHER THAN FOR DAMAGE CAUSED BY SHIPMENT. Please review the return policies on the Product Returns and Reporting Damage page on the Website before placing an order. If the product has been damaged during shipment, please review the reporting process on the Product Returns and Reporting Damage page on the Website. We are not liable for any damage, return, credit or other process or claim if you do not follow the directions provided on the Product Returns and Reporting Damage page on the Website.
Resale Prohibition. Products are available for purchase only for your own personal use or to give as a gift; resale of goods purchased from this site is prohibited. This resale prohibition is a material condition to your rights under this agreement, and it is agreed that any direct or indirect distribution, transshipment and/or sale of items purchased from this site, or others purchasing through you, will be a material breach of this Agreement, and will result in irreparable harm to DIY for which money damages will not be adequate. In the event of such breach, the parties agree that DIY, in addition to any other remedies it may have at law and/or in equity, will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this provision.
Warranties and Disclaimers. The only warranties provided with the products are those warranties that may exist or transfer from the manufacturer(s) of the products sold and purchased on the Website. OTHER THAN SUCH MANUFACTURER WARRANTY, IF ANY, THIS WEBSITE AND ALL PRODUCTS AND SERVICES ADVERTISED, PROMOTED, DESCRIBED, OR OFFERED FOR SALE OR SOLD HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY NOR AVAILABILITY OF THIS WEBSITE OR ANY PRODUCTS AND SERVICES ADVERTISED, PROMOTED, DESCRIBED OR OFFERED FOR SALE HEREIN. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE OR ANY PRODUCTS AND SERVICES ADVERTISED, PROMOTED, DESCRIBED OR OFFERED FOR SALE HEREIN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LOCAL AND NATIONAL LAWS AND REGULATIONS WITH RESPECT TO YOUR PURCHASE AND USE OF PRODUCTS AND SERVICES THROUGH THIS WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
Limitation of Liability. WE HAVE PRICED PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE FROM US ON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE: (a) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS AND/OR SERVICES WHICH GIVE RISE TO SUCH LIABILITY; AND (b) NEITHER WE NOR OUR SUPPLIERS OR LICENSORS SHALL BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF BUSINESS) IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THESE TERMS OF SALE LIMIT OUR LIABILITY TO YOU FOR ANY LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.
Agreement to Arbitrate. You agree that any claim or dispute with or against us, whether related to these Terms of Sale or the purchase of products on the Website or otherwise, and any claim or dispute related to these Terms of Sale, this Website or any product purchased through or from us, including the determination of the scope or applicability of this Agreement to Arbitrate, shall be determined by arbitration in Green Bay, Wisconsin, before a single arbitrator. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This Agreement to Arbitrate shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, and shall not apply to (i) a claim relating to the enforcement or validity of intellectual Website rights; (ii) a claim relating to an allegation of theft, piracy, or unauthorized use; or (iii) a claim for injunctive relief.
You and we both agree that (a) each of us can only bring claims against the other on an individual basis and there shall be no authority for any claims to be arbitrated on a class or representative basis; (b) arbitration can decide only your and/or our individual claims, and the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s); and (c) the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
You agree further that: (a) the arbitrator shall apply Wisconsin law consistent with the Federal Arbitration Act and applicable statutes of limitations, including principles of equity, and shall honor claims of privilege recognized at law; (b) the arbitrator shall not be bound by rulings in prior arbitrations involving us, but is bound by rulings in prior arbitrations involving both you and us to the extent required by applicable law; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (d) Any arbitrator award may be entered as a judgment in any court of competent jurisdiction. This section is void, inapplicable, and unenforceable within the State of New Jersey.
Governing Law and Jurisdiction.
All matters relating to use of this Website and the purchase of any products or services thereunder, and any disputes or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard to or application of any choice-of-law or conflict-of-laws principles, provisions, or rules thereof. In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any legal suit, action or proceeding arising out of, or related to, these Terms of Sale or the Website or products or services purchased thereunder shall be instituted exclusively in the federal or state courts of Brown County, Wisconsin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THIS WEBSITE OR PURCHASE OF PRODUCTS MADE THEREUNDER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This section is void, inapplicable, and unenforceable within the State of New Jersey.
General Provisions
Entire Agreement. These Terms of Sale, our Privacy Policy, our Terms of Use, and any other applicable documents or policies constitute the entire agreement between you and us with respect to the offering of products and services to you, and your purchase of the same, through this Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties related thereto. No amendment to these Terms of Sale will be valid unless made in writing and signed by you and us. These Terms of Sale prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.
Waiver; Severability. No waiver of any provision or breach of these Terms of Sale (a) shall be effective unless made in writing, or (b) shall operate as or be construed to be a continuing waiver of such provision or breach. In the event any portion of these Terms of Sale is held to be invalid or unenforceable, such portion shall be construed as nearly as possible to reflect the original intent of the parties, or if such construction cannot be made, such provision or portion thereof shall be severable from these Terms of Sale, provided that the same shall not affect in any respect whatsoever the remainder of these Terms of Sale, except that if any portion of the second paragraph of the Agreement to Arbitrate section is found to be invalid, unenforceable or illegal, then the entirety of this Agreement to Arbitrate shall be null and void, and neither you nor we shall be entitled to arbitrate their dispute.
Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Assignment. We may assign its rights or duties under this agreement to any party at any time without notice to you. This agreement may not be assigned by you. This agreement shall be binding on your heirs and successors.
Notices. Either you or we can give the other notice of something in connection with these Terms of Sale by personal delivery, US Mail with delivery confirmation, or e-mail (a) with respect to notices and communications to you, to any address and contact information you provided in connection with your purchase of products or services through this Website; and (b) with respect to notices and communications to us, to the address listed at the beginning of these Terms or as otherwise specified in your order confirmation email or notification of Acceptance. These will also be the addresses for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received (i) the date on which personally delivered, (ii) if by US Mail, upon delivery (as evidenced by the delivery receipt), or (iii) if by email, on the earlier of the date on which the email is acknowledged by the recipient as received, or the receipt by the sender of an automated message indicating successful delivery or the email having been opened.
Questions or Comments. If you have any questions or comments related to these Terms of Sale or this Website, please contact us at help@diyhomecenter.com