Terms and Conditions for the Online Sale of Goods and Services
Last Modified: December 11, 2023
THESE TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES (“TERMS OF SALE”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM WWW.CLETILE.COM (THE “WEBSITE”), YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TILEVERA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, DBA CLÉ TILE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
- Applicability of Terms of Sale and Conditions
- These Terms of Sale apply to the purchase and sale of products through the Website. These Terms of Sale are subject to change by Tilevera, LLC, a California limited liability company, dba clé tile (referred to as “Seller” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on this Website, and you should review these Terms of Sale before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation
- You agree that your order is an offer to buy all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Seller and you will not take place unless and until you have received your order confirmation email (as evidenced by Seller’s email delivery receipt).
- You may only make changes to your order within 3 hours after receipt of Seller’s confirmation email (as evidenced by Seller’s email delivery receipt). After the expiration of this 3-hour period we can no longer make any changes to your order, and you will not be able to revise or cancel your order.
- You can only cancel your order within 3 hours of the time we send your order confirmation email (as evidenced by Seller’s delivery receipt) by emailing our Customer Service Department at firstname.lastname@example.org.
- Prices and Payment Terms of Sale.
- All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- Terms of Sale of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping costs, if any.
- Title passes to you upon our transfer of the products to the carrier. As further set forth in Section 5, below, shipping and delivery dates are estimates only and cannot be guaranteed and we are not liable for any delays in shipments.
- Shipping Policies and Procedures
- We are a California based company and we only ship to customers in the United States. We ship to all 50 states however, if shipping to Hawaii, please contact us for assistance in checking out (415) 887-9011 or email us at email@example.com as current functionality does not allow for self-checkout to Hawaii shipping destinations.
- While we arrange shipment of the products to you, you are responsible for all shipping and handling costs and charges as specified during your ordering process. Your delivery options will be outlined on your order checkout page.
- We ship your orders through third-party shipping partners and have no control over and cannot change their delivery/shipment policies.
- Any and all lead times, fulfillment, and delivery dates are estimates only, we cannot guarantee specific deadlines.
- Note lead times refer to the estimated time an order will ship from our warehouse and do not provide information about how long shipment will take after it leaves our warehouse or when it will arrive at its destination. External factors beyond our control may affect these estimates; therefore, specific deadlines cannot be guaranteed.
- Note that while our Website may state that certain products will ship within a certain number of business days but when you add the product(s) to your cart, the lead time changes. This happens when you have ordered more products than we have on hand and your order will need to draw from our next incoming shipment. This may result in a delay of your shipment.
- Note that any products on the Website that state they are made to order will have longer lead times. Made to order lead times include production and processing time. We are not able to expedite the production time because each product is produced by hand and requires time to fully cure.
- Once the third-party freight provider handling your shipment determines that your order is ready for delivery, they will call you to schedule a delivery appointment. Note failure to schedule an appointment within 24 hours from your received call may result in storage fees and/or return shipment and re-delivery costs, for which you will be responsible.
- You or your agent must be present to receive and sign for the product at the scheduled delivery time. Additional charges may apply if you miss your scheduled delivery appointment. Depending on the shipping company policies such charge may be in the amount of $400 or more, and additional fees may be applied for consecutive missed delivery appointments. Furthermore, there may be additional fees for changing a delivery address, or other reconsignment, and you agree that to reimburse us for any such fees incurred by us on your behalf.
- If you (the person placing the order for our products) will not be the person receiving and accepting the delivery of the products, you agree to provide these shipping and delivery policies to the person who will be receiving and signing for the delivery of the products. It is your responsibility ensure these policies are followed by your agents. We are not responsible for you or your agent’s failure to adhere to our receiving policies, nor are we responsible for any damage or missing material claims made due to your, or your agent’s, failure to adhere to these policies.
- Our shipping partners deliver the products to your curbside, and it is your responsibility to deliver the products from the curb to your project site. Our shipping partners and their delivery drivers do not break down pallets or deliver products inside. Please ensure that you are prepared to accept deliveries of our products, which may weigh 50 pounds per box or more.
- Our freight shipping partners may not be able to deliver the produces to certain delivery locations even after a delivery appointment has been scheduled (e.g. due to street width or slope, low-hanging trees, or other factors as reasonably determined by our freight shipping partner). In the event that our shipping partner cannot make the delivery because of the physical constraints of your delivery location, you will be responsible for picking up your product order from the nearest service center or providing an alternate delivery location that can be reached by our freight shipping partner. If you anticipate delivery issues, please contact us at firstname.lastname@example.org within 3 hours of placing your order so that we can notify our freight provider accordingly.
- Additional shipping charges may apply to hard-to-reach areas, gated communities, or locations only accessible via ferry. Any charges that result from our shipping partners’ inability to deliver the product to you due to geographic or environmental constraints outside our shipping partners’ reasonable control will be assessed to you after your order is processed, and you will be contacted to provide payment for such charges. Your order will be delivered only after your full payment of all such additional charges and any other outstanding balances.
- Delivery Inspection and Product Claims
- You agree that you will inspect the product shipment immediately upon delivery or pick-up for any external signs of damage, including damaged boxes. Torn or distressed boxes and/or packaging may indicate internal damage to your ordered products.
- Each product shipment will include a packing slip, which is attached to the shipment sets forth the number of boxes in your shipment. Upon receipt, you agree to closely review the packing slip and to confirm that: (i) you have received the number of boxes set forth on the packing slip, and (ii) the packing slip matches your bill of lading/delivery receipt (the “Delivery Receipt”).
- You should inspect the full order by opening and inspecting all delivered products and boxes, even if no external obvious damage is visible, to see if any concealed damage present. If your shipment contains any damaged items and/or if your shipment is missing any ordered products, you shall: (i) note this on your Delivery Receipt and (ii) deliver your annotated Delivery Receipt to the delivery person if you are picking up your delivery from your nearest service center, deliver the annotated Delivery Receipt to the service center manager. You acknowledge that you must deliver the annotated Delivery Receipt to the delivery person or the service center manager to preserve your right to file any replacement claims.
- You acknowledge that 2% to 4% of the products may arrive damaged and agree that, given the nature of the products, this an acceptable amount of damage in transit for each product order. We highly recommend that you order at least 15% more than your project requirements to account for shipment breakage, installation cuts, and other inherent imperfections.
- You must open and inspect every box thoroughly within 48 hours of delivery for concealed damage. Any claims for missing products, damaged products, or incorrectly shipped products must be received by email to: email@example.com within 48 hours of delivery.
- We recommend that you do not install your products until your entire order has been delivered, including the delivery of any replacement product.
- No Returns and No Refunds. ALL SALES ARE FINAL AND WE DO NOT ACCEPT RETURNS OF ORDERED PRODUCT OR OFFER ANY REFUNDS. You should review multiple samples before placing an order. You acknowledge that you understand that samples are not exact replicas of any full tile order, and only intended to give our customers a sense of a product’s look and feel. We recommend ordering three to four samples of the same product to help you get a sense for the level of tile variation.
- Customer Representations and Warranties. You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms of Sale, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods from the Website for solely your own use, and not for resale and/or export.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT HTTPS://HELP.CLETILE.COM/EN/TILEVERA-DBA- CLÉ-1-YEAR-LIMITED-WARRANTY AND IN THE DOCUMENTATION, WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING WARRANTY PERIOD (AS DEFINED BELOW), THE PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS. THE TERM “DEFECT” HEREIN MEANS A FAILURE IN THE TILE, ITSELF, TO PERFORM TO SELLER SPECIFICATIONS AS DESCRIBED IN THE PRODUCT LITERATURE, OR WITHIN INDUSTRY ALLOWABLE TOLERANCES AS SET FORTH IN STANDARD NATIONAL INDUSTRY PROTOCOLS. MISUSE BY CONTRACTOR OR END-USER INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, PHYSICAL AND/OR CHEMICAL ABUSE IS NOT COVERED BY THIS WARRANTY.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
- Who May Use This Warranty? This limited warranty extends only to the original purchaser of products and services from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
- What Does This Warranty Cover? This limited warranty covers during the Warranty Period defects in materials purchased from the Website.
What Does This Warranty Not Cover? As is standard in the tile industry, installation deems acceptance. Do not install if there are visible defects. Tile is subject to variation in color, texture size and finish. Technical specifications are also a subject of variation, including variation in the coefficient of friction (“COF”) for each tile, due to inherent variability in the raw materials and production process. Express technical specifications are not guarantees of minimum or maximum thresholds of performance. Visual defects or nonconformities apparent prior to installation voids this limited warranty.
Natural stone products are mined and cut from natural formations. Because these products are not subject to a manufacturing process, quality warranties are limited to the specified representations in product literature and guidelines established by the Marble Institute of America. Seller does not warrant natural stone products for shade, size, thickness, warping, cleft variations, surface finish variations, or other natural variances on stone products.
- What Is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for 1 year (the “Warranty Period”). The Warranty Period is not extended if we replace a warranted product. Failure to report any warranty claim within 30 days of your discovery of any defect will void this warranty. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
- What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) replace such products free of charge or (ii) refund the purchase price of such products.
- Limitation of Liability THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- To Make a Claim for Material Defects
- The original purchaser must notify Seller in writing within 30 days of the occurrence of any defect by contacting Seller via electronic mail to firstname.lastname@example.org.
- After notification, Seller, or an authorized representative, will inspect and/or test the product for defect and complete a product Claim Form. No claim will be honored without product inspection by Seller or an authorized representative.
- We will notify you in writing upon determination whether the product defect claim is valid. We reserve the right to repair, replace, or refund to you the cost of the originally purchased product.
- What Can You Do in Case of a Dispute with Us? The informal dispute resolution procedure detailed in 13 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms of Sale.
- Additional Warranty Terms.
- Definition of defect is a failure in the tile, itself, to perform to the specifications as described in the product literature, within industry allowable tolerances as set forth in standard, national industry protocols. Misuse by contractor or end-user including, but not limited to negligence, physical and/or chemical abuse are not covered by this Limited Warranty.
- This Limited Warranty is the sole warranty extended and replaces any statutory warranties to the maximum extent allowable by law. All warranty claims must be reported immediately. Installation defects are not covered by this warranty. Failure to report any warranty claim within 30 days of defect discovery will void this warranty. All products must be inspected prior to installation. Visual defects or nonconformities apparent prior to installation render this Limited Warranty void.
- As is standard in the tile industry, installation deems acceptance. You agree not to install our products if you note visible issues. You are aware that our products are subject to variation in color, texture size and finish. Technical specifications are also a subject of variation, including COF, due to inherent variability in the raw materials and production process. Express technical specifications are not guarantees of minimum or maximum thresholds of performance. Tile containing, unevenness, pitting or a rough surface can create cleaning challenges due to debris and contaminants lodging in the surface. Our products require prompt and specific care during the installation process. Unless otherwise stated, tile recommended for floor or wall applications refers to interior applications only.
- You must adhere to your project’s local building codes which may dictate minimum tile performance specifications. We do not warrant any installations that violate building codes.
- Specification approvals based on photographic color images should not be considered for exact matches. Only actual product samples can be considered for specification approval and comparison. Additionally, color variation is not only inherent, but is cultivated by the artists and artisans that produce our products. Therefore, color variation and shade variation is to be an expectation of our tiles.
- Intellectual Property Use and Ownership. You acknowledge and agree Seller is and will remain the sole and exclusive owner of all intellectual property rights in and to each product or service made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Website, or of any intellectual property rights relating to those products.
- Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 60 days following written notice given by it under this Section 14, the either party may thereafter terminate this Agreement upon 10 business days’ written notice.
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
- Dispute Resolution and Binding Arbitration.
- YOU AND SELLER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this 17. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this 18 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
- No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Seller.
- No Third-Party Beneficiaries. These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by email to email@example.com; or (ii) by personal delivery, overnight courier or registered or certified mail to 2143 E. Francisco Blvd. San Rafael, CA 9491. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email will be effective when sent. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
- Severability. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.