TERMS OF SERVICE
Home Mart Center LLC
1323 N Rand Road
Palatine, IL 60074
Welcome to the Home Mart Center LLC, website located at www.homemartcenter.com (hereinafter “We”, “Us”, “Our”) and thank You (any visitor to Our web site) for considering Our products and services.
Upon registration, by checking the provided check box, You, hereby agree to the terms and conditions of this Terms of Service (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.
Purchaser and Home Mart Center LLC ( www.homemartcenter.com) enter the terms and conditions stated in this policy which supersedes all prior and contemporaneous communications, negotiations, representations, and agreements of purchaser and seller whether oral or written, with respect to the goods as well as the terms and conditions hereof.
Screen Name and Passwords
You hereby agree that You are responsible for all actions taken under Your Screen Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
Our goal at advantagebath.com is to make Your purchasing experience easy and efficient. If You have any questions about Our purchase policies, please contact Us at firstname.lastname@example.org
All major credit cards (US based) and Paypal as well as Cash are accepted. Business checks are acceptable but will need up to 7 business days for the payment to clear prior to pick up/shipping order out.
Any-and-all sales or use tax will be Your responsibility. Sales tax calculations on the web site are an estimate only. Your true sales tax, if applicable, will be calculated and presented to You at the time of product purchase.
We maintain a PCI compliant shopping cart. The Payment Card Industry Data Security Standard (PCI DSS) is a set of requirements designed to ensure that all companies that process, store or transmit credit card information maintain a secure environment.
When You make purchases from Us using Your major credit card, You agree to honor the terms and conditions ofYour cardholder agreement.
Home Mart Center offers FREE SHIPPING across 48 contiguous states for items purchased over $399.00. We ship your order with the most reliable freight carriers. Additional shipping fees will be applied for limited access areas such as but not limited to islands, rural areas, etc.
We make every effort to ensure that delivery of your order is in satisfactory time and condition; however, we are not responsible for delays in transit beyond our reasonable control. Items less than 100 lbs. are shipped via Parcel Carriers (UPS, FED EX, USPS, DHL, etc.). Items over 100 lbs. ship via common carrier (LTL). We process and ship your order within 1-2 business days. Transit/Arrival times are usually 2-7 business days for the products to arrive, depending on your location not including the weekends and holidays.
We’ll provide a tracking number after the item(s) ship, so customer is able to track it via online or by phone. The freight company will contact the receiver in advance to schedule a delivery date and time; we recommend that you have help available upon arrival. ALL DELIVERIES ARE CURBSIDE; the freight company is only responsible for unloading this item off the truck however, they will bring it onto your driveway/garage (provided it is accessible for the delivery truck), but not to your backyard or anywhere else inside the house.
Refunds will be handled according to Our store’s policies. Please contact email@example.com for return authorization.
We gladly accept uninstalled/undamaged/unaltered/unused merchandise (in the original condition sold and accompanied by an appropriate proof of purchase), within 30 days of the purchase date, for a full refund in the original form of payment or exchange.
If you refuse the delivery of the item when there is no freight damage or decide to return the product for any other reasons after/at the item’s arrival, the return policy is then in effect:
For “Return Request”, Recipient must notify the “customer service” within 5 days after the item’s arrival.
Visit http://www.homemartcenter.com/return-request.html to file your claim.
Returns MUST be in its ORIGINAL PACKING AND CONDITION.
Photos are required to show that the item repacked is in good/original condition and freight ready before we authorize the return. Buyer is responsible for original shipping costs and return shipping for the return freight to our warehouse. Contact customer service for the shipping rates via email to firstname.lastname@example.org.
All returns are subject to inspection. No refunds will be issued on any items not returned in original/ shipped condition. Any items returned without its original packaging with are subject to 25% restocking fee. No exceptions.
All non-damage returnsexceeding the 30-day* grace period, are subject to 25% restocking fee (*if return/exchange request is approved by HOME MART CENTER.
Cancellations received after shipping, delivery or pick-up is treated as a return – see Returns section for details.
“Please note the surface characteristics of natural marbles, granites are as subjective as it gets. Natural veining, crystal lines, local crystallization sometimes can be interpreted as defects as per the personal taste. We have spent a lot of efforts to make sure each piece is at least at the industrial average and all our product went through 100% inspection at the factory and distribution center before freight. Due to the nature of internet commerce, there is no opportunity to tailor to each individual’s taste in marbles and granites characteristics. Please note all our furniture is handmade and there might be characters to each item that can be interpreted as imperfection. We do not consider these characteristics as reasons for delivery refusal. The refusal of delivery is for freight damage/wrong item.
Visible Damage Returns
If there is a visible damage when you receive the package simply refuse*** the shipment and we will replace your order free of charge. Before any package is refused these simple steps should be followed otherwise your damage claim will not be honored.
Call Home Mart Center customer service at [(877) 300-1664].
Take pictures of the damaged package send it to mailto:email@example.com. Please NOTE the DAMAGE on the Bill Of Lading (delivery receipt).
(***If you refuse an item for any reason other than damage, you will be billed for additional return shipping charges.)
Concealed Damage/ Wrong Item Returns
If damage is discovered after the freight bill is signed, the buyer is responsible for filing a claim with Home Design Outlet Center customer service department within 5 business days after receiving item) by contacting us at (phone number) or sent via email mailto:firstname.lastname@example.org
No additional shipping charges will apply.
Returns MUST be in its original packaging and WELL PACKED for freight.
Photos are required to be sent via email to: email@example.com showing the item repacked is in good/original condition and freight ready before we authorize the return.
We will review your claim and replace the merchandise if necessary. For minor damages such as, but not limited to paint level imperfection on the cabinet or small corner chip on the marble, we reserve the rights to provide material, credit. Rejection of delivery on this level of minor damages will result in automatic cancellation of the order and default into the ***return policy.
We provide You every opportunity to save on Your purchase. We offer rebates directly from the manufacturers and from Our buying groups. Most rebates and coupon offers are subject to their own terms and conditions as specified by the rebate sponsor and processor. If You have any questions on Our rebates, please contact Us at firstname.lastname@example.org
Product or Pricing Inaccuracies
While we take every precaution to insure all products and pricing are correct on Our web site, mistakes (and/or updates) may occur. Should You find a mistakes(and/or updates) lease contact Us at email@example.com. Prices and the availability of products and Our services are subject to change without notice. Despite Our best efforts, we will, from time to time, make pricing mistakes. We will endeavor to promptly correct any mistakes as we become aware of them. We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event of that,Your method of payment has been charged. Any disputes related to pricing will be resolved at Our sole and complete discretion.
All items are boxed with padding inside. Items are mounted onto custom skid to protect your valuable investment. All items were opened for quality inspection upon arrival into our warehouse.
We are not responsible and/or liable for property damages during transit on customers’ pick-ups, and after installation/operation of the unit. We reserve the right not to serve. Please exercise best practice for the installation of the unit and check all connections for water leaks before normal operation as installation/item transit might adversely affect the integrity of included piping. Home Mart Center strongly recommends for professional installation. Make your purchase ahead of time to allow sufficient transit time and coverage in the case of any eventualities (i.e.: damaged item/ exchange). We are in no event liable or responsible for any injury, loss, damage, liability, debt, cost, expense, charge or fee of whatever nature, incurred or suffered by purchaser, or any successor or customer of purchaser, whether direct or indirect, incidental or consequential, or in any other manner, in connection with the purchase, use or any resale of the goods.
The pictures on the website are for representational purposes only; they may not be exactly the same as you see on your screen. We offer samples to encourage our customers to see the color for themselves. We only offer carefully selected 1st quality natural stone products unless specifically stated in product description. Please note that color and shade variation is an inherent characteristic of natural stone. Color and shade variation do not mean that tiles have defects. Please inspect the tiles prior to installation.
Sufficient quantity of material is recommended to be purchased at any one time. No guarantee can be given that an item will remain in stock.
All orders have a 1-2 business days handling time before being available for pick up or delivery. Free shipping on tile orders only applies to purchases of 50 sqft or more. Orders less than 50 sqft, shipping bill will be paid by the buyer. All shortage or damage must be reported to carrier at time of delivery. Claims for damage, shortage, or errors in shipping must be recorded on the original receiving documents and reported within twenty-four (24) hours following delivery to Buyer.
It is the Buyer’s responsibility to inspect all merchandise prior to installation. If for any reason the material is incorrect the Buyer shall make such claim to Home Mart Center, by contacting us at firstname.lastname@example.org.
The installer has the final inspection responsibility to pull out and not install the pieces with noticeable color and shade difference. It’s suggested that installer mix pieces from several different cartons to blend to show the natural beauty of stone.
No claims will be honored, and no refunds will be issued after tiles are installed.
Tiles / Mosaics are final sale. No Returns.
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
PRODUCT INFORMATION AND DESCRIPTIONS — WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, SPECIFICATIONS OR OTHER CONTENT OF THIS SITE ARE ERROR FREE, ACCURATE, COMPLETE, RELIABLE, OR CURRENT. IF A PRODUCT OFFERED OR SOLD BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION IN ACCORDANCE WITH OUR RETURN POLICY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, weather conditions, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
You may not assign Your rights or obligations under this Agreement without Our prior written consent.
Intended For Users that are Residents of North America and are Over 18
Our services are available and may only be used by, individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at email@example.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. Any resolution to Your dispute will be considered by Us in good faith and You agree to abide by Our decision. Should You seek a remedy in a court of law, it will be Your responsibility to pay Our legal fees. In addition, You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
License and Site Use
We grant You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent. You may not frame or utilize framing techniques to enclose any of Our trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent. Any unauthorized use terminates the permission or license granted by Us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Our home page so long as the link does not portray Us, Our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use Our logo or other proprietary graphic or trademark as part of the link without express written permission.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of February, 02, 2018. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.
Download our terms and conditions as a pdf file. Click Here