Terms and Conditions
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) CONTROL YOUR USE OF THIS WEBSITE LOCATED AT mycabinetsonline.com ON THE WORLD WIDE WEB (THE “SITE”) OF MYCABINETSONLINE, LLC, AND YOU ARE LEGALLY BINDING ON YOU. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE TERMS MAY BE MODIFIED, UPDATED, AMENDED OR REVISED IN ANY MANNER BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU.
MYCABINETSONLINE, LLC, RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THE SITE, AS WELL AS CHANGE, MODIFY, ADD, OR REMOVE PRODUCTS OFFERED FOR PURCHASE ON THE SITE AT ANY TIME. CHANGES TO THE SITE WILL BE POSTED ON THE SITE.
YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATION, UPDATE, AMENDMENT OR REVISION HAVE BEEN MADE, CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.
BY USING THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, CONDITIONS AND DISCLAIMERS CONTAINED IN THE SITE, AND THAT YOU FULLY AND VOLUNTARILY ACCEPT THAT USE OF THE SITE WILL MAKE YOU BOUND BY THE TERMS THEREOF. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE AND BE LEGALLY BOUND BY THE TERMS SET FORTH BELOW. THIS SITE BELONGS TO MYCABINETSONLINE, LLC AND ANY QUESTIONS REGARDING THE SITE SHOULD BE FORWARDED TO firstname.lastname@example.org.
GENERAL USE AND RESTRICTIONS
All information, documents, images, plans, products, software and services provided on this Site, including trademarks, logos, graphics and images, (collectively the “Information”) are provided to you by Mycabinetsonline, LLC
Mycabinetsonline, LLC grants you the limited rights to display the Information on your personal computer, and to use the Information to the extent necessary in order to plan your desired kitchen and purchase the necessary products from Mycabinetsonline, LLC. You acknowledge and agree that you have no right to distribute, modify, edit, alter, publicly perform, display or enhance any of the Information in any manner. This limited license terminates automatically, without notice to you, if you breach any of these terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Information. Except as stated herein, you acknowledge that you have no right, title nor any interest whatsoever in or to the Information, on any legal basis, without the advanced written consent and authorization of Mycabinetsonline, LLC. If you violate these terms, Mycabinetsonline, LLC reserves the right to terminate your use of the Site upon its first notice to you.
DESCRIPTION OF SERVICES
YOU MUST BE AT LEAST 18 YEARS OF AGE TO PLACE AN ORDER FOR A PRODUCT AND OR SERVICES ON THIS SITE.
Mycabinetsonline, LLC shall provide you with the opportunity to order kitchen cabinetry and other products offered by Mycabinetsonline, LLC on the Site (the “Cabinets”) the price of which will be determined by Mycabinetsonline, LLC from time to time and the cost of which, excluding shipping prices, will be refunded to you once the sample you have purchased is received by Mycabinetsonline, LLC at its premises, or will be deducted from your fully paid order. Mycabinetsonline, LLC will also provide you, upon your request submitted to Mycabinetsonline, LLC through the Site, with a proposed design sheet (the “Design Sheet”) for your kitchen (the Cabinets and Design sheet hereinafter jointly and severally: the “Services”). You hereby acknowledge and agree that any proposed design for your kitchen will be provided to you only upon your request, and on the condition precedent that you provide accurate description, plans, and measurements, and any other information requested by Mycabinetsonline, LLC and/or its agents, representatives, employees and/or sub-contractors in order to complete the proposed design. You hereby further acknowledge, agree and irrevocably relinquish any of your rights to bring any claim against Mycabinetsonline, LLC in connection with the Design Sheet and agree that you bear the sole responsibility and liability for the accuracy of the description, plans, measurements and/or other information requested by Mycabinetsonline, LLC, and thus hereby indemnify and hold Mycabinetsonline, LLC harmless from any claim, loss, damage, liability or cost asserted against or incurred by you that is related to the Services provided to you by Mycabinetsonline, LLC and/or any of its agents, representatives, employees and/or sub-contractor. Further you understand and agree that the Services may include certain communications from Mycabinetsonline, LLC including, but not limited to, order approval, shipping announcements, service announcements, administrative messages, follow-up information requests and communication, and that these communications are considered part of the Site’s user procedures and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augments or enhances the current Services shall be subject to these Terms. You also understand and agree that the Services are provided “AS-IS” and that Mycabinetsonline, LLC assumes absolutely no responsibility nor any liability for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third party fees. You are responsible for those fees including those fees association with the execution of a work order, a product and/or delivery of the above. In addition you must provide and be responsible for all equipment necessary to access, install and use the Services and/or any products purchased from Mycabinetsonline, LLC
Order of products through the site
You hereby represent and declare that you are of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself and the project you are considering undertaking as prompted by the Mycabinetsonline, LLC website (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mycabinetsonline, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mycabinetsonline, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) without incurring any liability and/or responsibility for any claim, loss, damage, liability or cost asserted against or incurred by you in connection with such suspension and/or termination.
You will be able to order any product offered for sale on the Site that you wish to purchase, subject to the payment, shipping and return policies hereunder. However, in the event that you order an item especially ordered or manufactured for you (the “Special Order Item”), you may not cancel your order after it has been approved by Mycabinetsonline, LLC and you will not be eligible for any refund or exchange of the Special Order Item or any portion thereof.
You hereby acknowledge and agree to strictly adhere and abide by the following:
(a) Any order placed through the Site shall not be binding on Mycabinetsonline, LLC unless approved by Mycabinetsonline, LLC in writing and such approval sent to you; and
(b) You will remit payment in full for the entire order upon receipt of the order approval from Mycabinetsonline, LLC, prior to the shipment of the ordered products, or any portion thereof, to you. Acceptable forms of payment are credit card, cash, money orders, cashier’s check or personal check (subject to a verification period of at least 10 days, at the sole discretion of Mycabinetsonline, LLC). Mycabinetsonline, LLC reserves the right to accept other payment instruments at its sole discretion and upon the prior written notification to you by Mycabinetsonline, LLC. NO C.O.D. orders will be accepted; and
(c) All delivery and shipping fees must be prepaid and are nonrefundable under any circumstances; and
(d) If you are liable to pay any tax, including but not limited to sales tax, under the laws of the State of Rhode Island or any other proper authority, you must either supply proof of a valid resale permit, or pay the applicable amount of sales tax as directed by the applicable authority, which shall be added to your order total; and
(e) Any cancelled checks, stop payment orders, credit card disputes and charge backs (the “Reverse Payment”) will be subject to a $75 handling fee and in addition Mycabinetsonline, LLC shall be entitled to reimbursement from you of any expense and/or damages it incurred in connection with non-payment of the approved order and/or Reverse Payment, including, but not limited to reasonable attorney, legal and professional fees.
Mycabinetsonline, LLC reserves the right to amend the prices of the products offered for sale on the Site without prior notice.
Shipping Terms and Conditions
Mycabinetsonline, LLC strives to ship every order as soon as possible, however, you hereby acknowledge and agree that Mycabinetsonline, LLC is not responsible nor liable in any way for delays in the shipment of your order caused by inventory limitations, manufacturing delays, and/or force majeure. Mycabinetsonline, LLC does not guarantee the delivery time of any order. Orders are usually shipped within four to twenty one (4-21) business days from the approval of your order by Mycabinetsonline, LLC. In the event that the shipping date will be later than 21 days, Mycabinetsonline, LLC will contact you and inform you of the expected shipping time frame.
You hereby acknowledge and agree that Mycabinetsonline, LLC’s sole role in the shipping of your order is to procure shipping services on your behalf and arrange the shipment of your order to you on your behalf. For that purpose you hereby grant Mycabinetsonline, LLC the right to share with freight carriers and shipping companies your Registration Data and payment instrument as provided by you in order to arrange for the shipping of your order.
You hereby further acknowledge and agree that Mycabinetsonline, LLC is not a carrier nor shipper as referred to in 49 U.S.C.A. § 14706, thus does not bear any responsibility and/or liability for the shipping of your order, the timely delivery thereof and/or any damages and/or expenses incurred by you in connection with such shipping, and any items ordered by you that are missing from the shipment. The shipping of your order is the sole responsibility of the freight carrier, in accordance with the terms of shipping of the applicable carrier. Thus any claim, dispute or demand regarding the shipping of your order will be taken up directly with the carrier and you hereby indemnify and hold Mycabinetsonline, LLC harmless from any claim, loss, damage, liability or cost asserted against or incurred by you that is related to the shipping of your order.
Mycabinetsonline, LLC shall obtain the applicable carrier’s acknowledgement that your order was collected by that carrier in good condition and in full at the facilities of Mycabinetsonline, LLC or another location designated by Mycabinetsonline, LLC.
You shall be solely responsible and liable for the shipping charges and there will be no refund shipping charges incurred by you in any event. Mycabinetsonline, LLC, at its sole discretion, may add the shipping charges to your order price, charge you separately for the shipping of your order or may share your Registration Data and payment instrument you have provided through the Site with the applicable carrier who shall charge you directly for the shipping charges.
Receiving Terms and Instructions
IMMEDIATELY UPON ITS DELIVERY, IN THE PRESENCE OF THE CARRIER’S REPRESENTATIVE, YOU SHALL PHYSICALLY INSPECT THE ORDERED PRODUCTS FOR ANY VISIBLE DAMAGE AND CONDUCT A COUNT OF THE PIECES AND PALLETS DELIVERED. If you detect any visibly damaged item and/or if any item you have paid for is omitted from the shipment (severally and jointly “Visible Damage”) you must note such damage and/or omission on the carrier’s bill of lading and report such damage to Mycabinetsonline, LLC’s claims department at 877-387-8811 within 24 hours from receipt of shipment. Note that unless you have done so, your acceptance of the shipment from the carrier is an acknowledgement that the product has been delivered in GOOD CONDITION thus relieving the carrier from any liability for the damage and/or omission and leaving you without legal recourse against the carrier and/or Mycabinetsonline, LLC.
In the event that any item of the shipment is received in a different condition than the condition said item was in when collected from Mycabinetsonline, LLC or its designated agent by the carrier who delivered your order (“Hidden Damage”), you must report such Hidden Damage to Mycabinetsonline, LLC’s claims department at 877-387-8811within 5 days from receipt of shipment. Failure to report such damage within said period, shall void your rights to return such damaged item(s) and Mycabinetsonline, LLC shall not be liable to you in any manner in connection with such damaged item(s).
In order to remove any doubt, Visible Damages and Hidden Damages are not Factory Damages as defined hereunder and are not covered by the warranty detailed hereunder. Your sole recourse in the event that your order has sustained Visible Damage or Hidden Damage is against the carrier who delivered your order.
As used herein the term “Factory Damage” shall mean damage sustained by any product arising out of faulty workmanship, and/or any act or omission of the manufacturer directly causing damage to the ordered product. The final determination as to the existence of Factory Damage shall be vested solely in Mycabinetsonline, LLC, which shall make such determination in accordance with industry standards for such Product or comparable products.
Mycabinetsonline, LLC will replace any Factory Damaged Product free of charge, (excluding shipping costs of the defective product back to Mycabinetsonline, LLC and the replacement product to you,) under the following terms and conditions:
- You shall notify Mycabinetsonline, LLC immediately of the Factory Damage, immediately upon discovery.
- You will ship the damaged item back to Mycabinetsonline, LLC for inspection, at your sole expense, upon being requested to do so by Mycabinetsonline, LLC.
YOU HEREBY EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR SOLE RECOURSE AGAINST MYCABINETSONLINE, LLC IN CONNECTION WITH ANY DEFECT IN THE PRODUCTS OR ANY ITEM THEREOF, IS THE REPLACEMENT OF SUCH DEFECTIVE PRODUCT UNDER THE ABOVE TERMS.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE MYCABINETSONLINE, LLC DOES NOT GUARANTEE THE SUPPLY AND DELIVERY DATES AND TIMES FOR REPLACEMENT ITEMS, NOR THAT THE REPLACEMENT ITEM WILL BE IDENTICAL TO THE ITEM RETURNED AS SOME ITEMS MAY BE UNAVAILABLE DUE TO DISCONTINUATION.
YOU ADDITIONALLY EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AGREE AND HOLD MYCABINETSONLINE, LLC HARMLESS FROM ANY COSTS, EXPENSES, AND/OR DAMAGES INCURRED BY YOU OR BY ANY THIRD PARTY DUE TO DELAYS IN INSTALLATION, COMPLETION OF YOUR KITCHEN OR ANY OTHER PROJECT YOU ARE CONTEMPLATING.
An order may be cancelled by email using the contact us link at the bottom of this page within 48 hours from being placed through the Site without any penalty or cost to you. An order cancelled after 48 hours from being placed, may be subject to Mycabinetsonline, LLC’s return policy, as detailed below.
- Wellborn Forest, Bertch Custom, Legacy by Bertch and Merillat are all special orders and may not be returned.
- JSI RTA, J&K Cabinets RTA and TSG Cabinets RTA may be returned to Mycabinetsonline, LLC in original package, unopened and in the same condition in which it was received by you within 30 days from the date of purchase or 15 days from the date the Product was delivered to you, whichever is later. JSI RTA, J&K Cabinets RTA and TSG Cabinets RTA that are assembled are NON-returnable. The following conditions shall apply to all returned items:
You will send written notification to Mycabinetsonline, LLC which shall be dated and include a list of the items to be returned and their respective item codes, Return Merchandise Authorization Number, the date shipment was received, the invoice number under which the shipment was delivered and the reason for the return.
You will receive a refund for the returned item within 30 days from the receipt of such item by Mycabinetsonline, LLC less a restocking fee in an amount equaling 20% of the price paid for each returned item.
You shall bear all of the costs associated with shipping the returned items to Mycabinetsonline, LLC.
You agree that you will NOT use the Site to:
- upload, post, email, transmit or otherwise make available any language (as defined below) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including but not limited to Mycabinetsonline, LLC’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (the “Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Information, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
Attempts to Break Security
You understand and agree that any attempt to break security or to access an account that does not belong to you will be considered a material breach of these Terms, and such breach may result in suspension or termination of the Services and possibly referral to law enforcement authorities. Unauthorized access to the sections of this Site which are restricted for the use of members only, or the telecommunications or computer facilities used to deliver the Services is a breach of these Terms whether or not such activities are a violation of law. Further, you are required to take adequate security measures to prohibit others from unauthorized access or use of the Services, including public use, and you must take prompt remedial measures upon notice of breaches or potential breaches of security.
You agree to indemnify and hold Mycabinetsonline, LLC, its subsidiaries, affiliates, officers, agents, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys' and other legal and litigation fees, made by any third party due to or arising out of the services and/or products you procure through the Site, your violation of these Terms, or your violation of any rights of another. You further agree to reimburse Mycabinetsonline, LLC for any cost and/or expense incurred by Mycabinetsonline, LLC and/or in connection with any claim and/or proceedings arising out of the foregoing, immediately upon the relaying of a notice thereof by Mycabinetsonline, LLC to you.
You agree not to “frame” or “mirror” any Information or Third Party Information contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Mycabinetsonline, LLC or its licensors, respectively
CANCELLATION OF SERVICES – LEGAL EVENT
In the event a ruling, regulation or order issued by a judicial, legislative or regulatory body causes Mycabinetsonline, LLC to believe that these Terms and/or the Services provided hereunder may be in conflict with such rules, regulations and orders, Mycabinetsonline, LLC may suspend or terminate the Services, or terminate these Terms without incurring any liability whatsoever. In the event that Mycabinetsonline, LLC cannot arrange for reasonably comparable Services within a reasonable period of time (not less than 90 days) following such ruling, regulation or order; Mycabinetsonline, LLC, at its sole discretion, may thereafter permanently terminate the Services and/or these Terms without incurring any liability whatsoever.
CANCELLATION OF SERVICES – technical EVENT
You hereby acknowledge and agree that Mycabinetsonline, LLC may cancel your order and/or the provision of any Services ordered, at any time after the order has been placed and prior to its shipment if the Site has experienced any technical error or complication, without incurring any liability toward you, including but not limited to any loss of profits, damages etc.
In the event that the shipment of your Order shall be prevented or delayed by reason of an event of force majeure (as hereunder defined), than the following provisions shall apply: (a) for the purposes of these Terms, the term “Force Majeure” shall mean: an act of God, meteors, fire, flood, or other catastrophes, circumstances in the space environment over which Mycabinetsonline, LLC has no control, change or enactment of any law of any governmental agency or body which make the subject matter of these Terms illegal, national emergencies, insurrections, riots, embargoes, wars, terrorist acts or strikes, lockouts, work stoppages or other labor difficulties and worldwide shortage of any necessary component or material relating to any the Products, to the extent it shall have a direct adverse influence on the ability of Mycabinetsonline, LLC to fulfill its obligations hereunder; (b) Mycabinetsonline, LLC shall serve a notice of the occurrence of the event of force majeure to you; (c) for as long as the event of force majeure continues, Mycabinetsonline, LLC shall be relieved from fulfilling its undertakings and obligations under these Terms, provided that such release shall lapse immediately after the event of force majeure has ceased or has been discontinued and (d) in the event that the event of force majeure shall continue uninterrupted for a period exceeding 3 months, than Mycabinetsonline, LLC shall so notify you and you will be entitled to cancel your order or the undelivered portion thereof with no legal consequences to you or to Mycabinetsonline, LLC, and you will receive a refund for payments made for the undelivered portion of your order excluding shipping costs if any.
LIMITATION OF LIABILITY
MYCABINETSONLINE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING (WITHOUT LIMITATION TO THE FOREGOING) ECONOMIC LOSS, LOSS OF PROFITS, BUSINESS OPERATING TIME OR USE, HOWSOEVER ARISING IN CONNECTION WITH THE PRODUCT. IN NO EVENT SHALL MYCABINETSONLINE, LLC LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
YOU HEREBY EXPRESSLY, VOLUNTARILY AND IRREVOCABLY AGREE THAT MYCABINETSONLINE, LLC IS NOT AND SHALL NOT EVER BE LIABLE, RESPONSIBLE OR IN ANY WAY ACCOUNTABLE FOR ANY INJURY TO, OR DEATH OF ANY PERSON OR PERSONS WHO MAY AT ANY TIME BE USING THE PRODUCTS, SERVICES OR ANY OF THEM FOR YOUR PURPOSES, REGARDLESS OF THE NATURE OR CAUSE OF SUCH INJURY, DAMAGE OR DESTRUCTION, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE OF MYCABINETSONLINE, LLC.
YOU HEREBY EXPRESSLY, VOLUNTARILY AND IRREVOCABLY AGREE THAT MYCABINETSONLINE, LLC IS NOT AND SHALL NOT EVER BE LIABLE, RESPONSIBLE OR IN ANY WAY ACCOUNTABLE TO YOU, YOUR EMPLOYEES, SERVANTS, CUSTOMERS OR INVITEES, NOR TO ANY OTHER PERSON, FOR ANY LOSS, DESTRUCTION OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY THE ANY PRODUCT AND/OR SERVICE PROVIDED BY MYCABINETSONLINE, LLC OR TO ANY GOODS, WARES, MERCHANDISE, FIXTURES OR ANY OR OTHER PROPERTY STORED, KEPT, MAINTAINED OR DISPLAYED IN, ON OR BY THE PRODUCTS OR ANY OF THEM,.
YOU HEREBY EXPRESSLY UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY IN CONNECTION WITH THE PURCHASE OR USE OF THE PRODUCT IS THE REPLACEMENT OF A DEFECTIVE PRODUCT OR ANY DEFECTIVE COMPONENT THEREOF WITH AN IDENTICAL OR SIMILAR ITEM IN ACCORDANCE WITH THESE TERMS. YOU HEREBY EXPRESSLY WAVE ANY OTHER LEGAL AND/OR EQUITABLE RIGHT YOU MAY HAVE AGAINST MYCABINETSONLINE, LLC IN CONNECTION WITH THE PURCHASE OF A PRODUCT. YOU HEREBY AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, MYCABINETSONLINE, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT
YOU ADDITIONALLY ACKNOWLEDGE UNDERSTAND AND AGREE THAT MYCABINETSONLINE, LLC IS NOT LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY MISTAKES, ERRORS, MISCALCULATIONS, INACCURACIES OR OVERSIGHTS IN AN ORDER MADE ON THE BASIS OF YOUR DESIGN OR A DESIGN SHEET AND NO RETURNS OR REPLACEMENTS WILL BE ALLOWED ON THESE GROUNDS OR ON THE GROUND OF UNMATCHING CABINETS.
LIMITED Product WARRANTY
You hereby acknowledge and agree that Mycabinetsonline, LLC is not a manufacturer or importer of any Product. The Products are subject to the Limited Warranty and representations of the applicable manufacturer as detailed in the Manufacturer’s Warranty Certificate if any.
MYCABINETSONLINE, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MYCABINETSONLINE, LLC’S SOLE WARRANTY IS THAT UPON THE FULFILLMENT AND EXECUTION OF ALL THE STIPULATIONS, PROVISIONS, REQUIREMENTS AND SPECIFICATIONS OF THESE TERMS, MYCABINETSONLINE, LLC SHALL SUPPLY THE ORDERED PRODUCTS.
THIS DISCLAIMER BY MYCABINETSONLINE, LLC IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Customer hereby acknowledges and agrees that Company is in no way responsible and/or liable for the breach of the Warranty terms by Customer or by the manufacturer of the Product or any component thereof.
LIMITED site WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT FROM OR THROUGH THIS WEB SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND MYCABINETSONLINE, LLC AND THE SITE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MYCABINETSONLINE, LLC WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM POSSESSION OR USE OF THIS WEB SITE (INCLUDING SERVICES PROVIDED BY THIRD PARTIES TO USERS OF THIS WEBSITE, PAYMENT FOR SUCH SERVICES BY USERS OF THIS WEBSITE, DATA LOSS, CORRUPTION OR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES OR AT THE SITE) OR SOFTWARE PROVIDED, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. THE REMEDIES AVAILABLE UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERYONE. ALL WARRANTY CLAIMS SHALL BE MADE DIRECTLY TO MYCABINETSONLINE, LLC, DISTRIBUTOR, OR MANUFACTURER PROVIDING GOODS OR SERVICES.
YOUR SOLE REMEDY AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MYCABINETSONLINE, LLC AND THE SITE IN CONNECTION WITH THE SERVICES IS THE CANCELLATION THE REPLACEMENT OF DAMAGED PRODUCTS, IN ACCORDANCE WITH THE TERMS ABOVE, WITHOUT CHARGE TO YOU EXCLUDING SHIPPING COSTS OF SUCH REPLACEMENT PRODUCTS WHICH SHALL BE PAID EXCLUSIVELY BY YOU
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYCABINETSONLINE, LLC THROUGH THE SITE OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.