Terms & Conditions

Terms and Conditions - Terms & Conditions

 

Terms & Conditions of Sale


ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  Wainscot Solutions, Inc., reserves the right at any time after receipt of your order to accept or decline your order for any reason.  We may require additional verifications or information before accepting any order.


VALUE ADDED ACCESSORIES/SERVICES
Product pricing does not include a factory finish, finishing supplies, installation kits, hardware, lighting, tools or accessories unless specifically noted on the invoice or product description.


PRIVACY POLICY
We understand and share your concern about privacy, and assure you that Wainscot Solutions, Inc. respects your privacy. We do collect passive information on products browsed via log files and we analyze this information in aggregate to ensure our site is merchandised in a manner that adds the most convenience and value to our customers. When an order is placed, we collect basic information including your name, home address, phone, email address and credit card information. We use this information to confirm your order and to respond to any questions you may have. Where required, we also share this information with certain intermediaries (Freight carriers and shipping companies) strictly to process and ship your order.


COPYRIGHT/TRADEMARK INFORMATION
Unless otherwise noted, all content on this site and unique method of showcasing products, including text, graphics, images, logos, button icons, images, software, audio and video clips, is the property of Wainscot Solutions, Inc. and protected by United States and international copyright laws. All trademarks appearing herein are acknowledged. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. The name of Wainscot Solutions, Inc. or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. You acknowledge that you do not acquire any ownership rights by downloading or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.


TYPOGRAPHICAL ERRORS
The purchaser shall review their invoice thoroughly and notify Wainscot Solutions, Inc. of any errors or omittance within 24hrs; FAILURE TO NOTIFY WAINSCOT SOLUTIONS, INC. OF SAID ERROR OR OMITTANCE IN WRITING WITHIN 24HRS IS CONSIDERED A TACIT CONSENT TO THE TERMS SET FORTH IN THE INVOICE.
Wainscot Solutions, Inc. and its affiliates attempt to be as accurate as possible with our photography and specifications. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes and correct errors to products and specifications at any time. We also reserve the right to limit quantities and change pricing.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Wainscot Solutions, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Wainscot Solutions, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Wainscot Solutions, Inc. shall issue a credit to your credit card account in the amount of the charge within 30 days.

LIMITED GUARANTEE AGAINST DEFECTS
Every third party product you buy from Wainscot Solutions, Inc. is backed first by the product manufacturer's warranty.

WARRANTY LIMITATIONS
There are no other express warranties or conditions respecting any of the products sold on WainscotSolutions.com. Implied warranties are limited to the duration of the express warranty provided herein. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON WAINSCOTSOLUTIONS.COM, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT IN NO EVENT SHALL WAINSCOT SOLUTIONS, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

LIMITATION OF LIABILITY
In no event shall Wainscot Solutions, Inc. or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of business or profits.

RETURN POLICY
Wainscot Solutions, Inc. is committed to your satisfaction.  ALL PRODUCTS THAT ARE MADE-TO-ORDER AND CANNOT BE CHANGED, MODIFIED OR CANCELED ONCE IN PRODUCTION. FURTHERMORE, WE CAN NOT ACCEPT RETURNS ON CUSTOMIZED OR MADE-TO-ORDER ITEMS.   You may read our full Return Policy for details.

CHANGE ORDERS AND CANCELLATIONS
Changes and cancellations are accepted within 24 hrs of submitting your order. Wainscot Solutions, Inc. reserves the right to accept or decline all requests to cancel or change an order. If Wainscot Solutions, Inc. accepts a request to cancel or change an order, a reasonable surcharge may be applied at our sole discretion. Our products are made-to-order and cannot be changed, modified or canceled once in production. Furthermore, we cannot accept returns on customized or made-to-order items.

PROCESSING TIME
Your order is thoroughly reviewed for accuracy and sent to production, usually within 24- 48 hrs. Credit or debit cards are charged upon placing an order.

PRODUCTION TIME
Your order is made to order and will require 7-10 business days for production.  While average production times are expressed within the product details pages, additional lead times apply to large volume orders and to value added services.

TRANSIT TIME
Orders are shipped via common carrier (freight and parcel). Most shipments arrive within 5 business days of leaving the distribution center. You will receive an e-mail notification confirming your order shipment. This e-mail contains valuable tracking and receiving instructions.

SHIPPING AND HANDLING RATES
Our customer-friendly shipping estimator is provided for your convenience and allows for an automated checkout. In an effort to provide the most economical shipping rates and method, our system is integrated with multiple carriers. Rates are calculated using your product weight, product dimensions, product class and the type of service requested .  Shipping and handling charges will be applied to all orders placed with us. Should a pricing discrepancy occur, a customer service representative will contact you for approval.   If you are not satisfied with the adjusted cost of shipping, you reserve the right to decline further payment and cancel your order.


CONSIGNEE SHIPPING POLICY
Wainscot Solutions, Inc. makes every effort to safeguard your order for transit.  In the unlikely event your merchandise arrives damaged, the consignee is responsible for following the procedures outlined in our consignee shipping policy. FAILURE TO DO SO FORFEITS THE CONSIGNEE’S CLAIM FOR REIMBURSEMENT AND WARRANTY CLAIM.  Please read the complete Wainscot Solutions, Inc. Consignee Shipping Policy for complete details.


DESIGN, ENGINEERING AND TECHNICAL DECISIONS
The purchaser shall be responsible for all logistics, measurements, planning, decisions and results pertaining to but not limited to product selection, product requirements, interior design, installation and setup. The information contained in this website is subject to change without notice. Technical specifications are approximations and not guaranteed. We are not responsible for typographical, technical, or descriptive errors of products herein. We encourage you to review your order carefully to ensure that it meets your specifications.


GENERAL PROVISIONS
 

  1. ENTIRE AGREEMENT. The Sales Terms and Conditions, including WainscotSolutions.com’s (Supplier) Invoice and Policies posted on WainscotSolutions.com, contains the entire agreement and understanding of the parties with respect to the subject matter of these Sales Terms and Conditions for supply of Architectural Millwork, expressly superseding all prior agreements and understandings with respect to the subject matter of this Agreement, whether oral or written.  Any representation, affirmation of fact, and course or prior dealings, promise of condition in connection therewith, or usage of the trade not incorporated herein shall not be binding upon either party.
  2. AMENDMENT AND WAIVER. No amendment, modification or alteration of any of the terms or provisions of this Agreement shall be binding upon any party to this Agreement unless the same shall be in writing and shall be duly executed by or on behalf of each party to this Agreement; provided, however, any term or provision of this Agreement may be waived at any time by the party which is entitled to the benefits of such waived term or provision by an instrument in writing duly executed by or on behalf of the party which is entitled to the benefits of such waived term or provision.  No waiver by any party to this Agreement of any term or provision of this agreement shall operate or be construed as a waiver of any other term or provision of this Agreement, whether or not similar.  No delay on the part of any party to this Agreement in exercising any right, power or privilege under this agreement shall operate as a waiver of any such right, power or privilege.
  3. COUNTERPARTS. Any number of counterparts of this Agreement may be signed and delivered, each of which shall be considered an original and all of which, together, shall constitute one and the same instrument.
  4. HEADINGS. All section and paragraph headings contained in this Agreement have been inserted for convenience of reference only and shall not affect the meaning or interpretation of any of the provisions of this Agreement.
  5. LANGUAGE. Whenever used in this Agreement, the singular number shall include the plural, the plural number shall include the singular, and the use of any gender shall include all genders where the context so permits. 
  6. Construction. Each party to this Agreement severally acknowledges and confirms that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be utilized in the interpretation of this Agreement or of any Exhibits or Attachments to this Agreement or of any documents to be executed pursuant to this Agreement.
  7. NOTICE. Any notices to be given under this Agreement by either party to the other may be effected either by personal delivery in writing or by registered or certified mail, with postage prepaid and return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the signature section of this Agreement. However, each party may change the address for receipt of notice by giving written notice in accordance with this paragraph. Notices delivered personally will be deemed communicated at the time of delivery.  Mailed notices will be deemed communicated upon receipt as evidenced by the signature of an authorized agent of either party.
  8. SEVERABILITY. Whenever possible, each term and provision of this Agreement shall be interpreted in a manner to be effective and valid under applicable law.  If any term or provision of this Agreement is ever determined to be invalid, illegal or incapable of being enforced in any respect, such term or provision shall be ineffective to the extent of such invalidity, illegality or unenforceability, but the remainder of such term or provision, if any, and all other terms and provisions of this Agreement shall, nevertheless, remain in full force and effect.
  9. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Connecticut.
  10. Assignment. No term or condition of this Agreement may be assigned without the written consent of all parties hereto.
  11. LITIGATION. In the event any litigation is instituted for the purpose of interpreting or enforcing any of the provisions of this Agreement, the prevailing party or parties, as determined by the Court having jurisdiction thereof, shall be entitled to recover from the non-prevailing party or parties, in addition to all other relief, all costs and expenses incurred in connection with such litigation, including, without limitation, reasonable fees of attorneys and of accountants and other experts at the pretrial level, the trial level and in connection with all appellate proceedings. Furthermore, the parties to this Agreement each severally acknowledges and confirms that the proper, exclusive and convenient venue for any legal proceeding instituted in connection with this Agreement shall be Litchfield County, Connecticut and each party hereby waives any defense, whether asserted by motion or pleading, that  is an improper or inconvenient venue, and each party hereby consents to the personal jurisdiction of any Court of competent jurisdiction located in Litchfield County, Connecticut regardless of any such party's then residence or domicile.
  12. DISPUTE RESOLUTION. Purchaser and Supplier agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from Supplier by binding Arbitration before a Connecticut Supreme Court qualified arbitrator and judgment on the arbitration award rendered by the arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to include the award of fees and costs to the prevailing party and be broadly interpreted to cover all controversies, disputes, claims arising out or relating to the purchase, including but not limited to, contract claims, tort claims and statutory claims, or any combination of claims.
The prevailing party or parties, as determined by the tribunal or arbitrator having jurisdiction thereof, shall be entitled to recover from the non-prevailing party or parties, in addition to all other relief, all costs and expenses incurred in connection with dispute resolution, including, without limitation, reasonable fees of attorneys and of accountants and other experts, including all appellate proceedings.  Furthermore, the parties to this Agreement each severally acknowledges and confirms that the proper, exclusive and convenient venue for any legal proceeding instituted in connection with this Agreement shall be Litchfield County, Connecticut, and each party hereby waives any defense, whether asserted by motion or pleading, that Litchfield County, Connecticut, is an improper or inconvenient venue, and each party hereby consents to the personal jurisdiction of any Court of competent jurisdiction located in Litchfield County, Connecticut,, regardless of any such party’s then residence or domicile.
  1. BINDING EFFECT. The terms and conditions of this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, and their respective heirs, devisees, personal representatives, successors and assigns.
  2. UCC. The parties hereto agree that for any term or condition not identified herein, the UCC as adopted by the State of Connecticut shall apply.

THIS AGREEMENT SHALL BECOME EFFECTIVE UPON YOUR ASSENT BY CLICKTHROUGH AND SHALL REMAIN IN FULL FORCE AND EFFECT THEREAFTER. PAYMENT OF INTERNET PURCHASE FURTHER CONSTITUTES CONSENT TO THE SALES TERMS AND CONDITIONS.