Terms and Conditions

 In using this website you are deemed to have read and agreed to the following terms and conditions:

  The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, US Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 Privacy Statement
We at Express Floors To Go are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Payment

Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards are all acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $10,000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.  

 
Returned cheques will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.  

 
Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

 
General

 By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

 
COPYRIGHT AND TRADEMARK NOTICE

All content on this Site is protected by trademark, copyright, patent, or other ownership rights of Company and its affiliates, service providers, and licensors.  Some images are courtesy of manufacturers.  You must receive written permission of owners to copy, reproduce, republish, display, download, modify, allocate, transfer, or post these trademarks, copyrights, patents, and other ownership rights. 

 DISCLAIMER OF WARRANTIES

Your use of the Site is at your sole risk.  The products and services on the site are provided on and “as is” and “as available” basis and by using the site you expressly understand and acknowledge this disclaimer.

 EXPRESS FLOORS TO GO expressively disclaims all warranties (for all products and services on the site), express or implied, including, but not limited to merchantibility, eligibility FOR a particular purpose, title and non-violation, accuracy, reliability, security, or currency of any content, service, data, or operation of and on this site, servers, or emails sent between you and EXPRESS FLOORS TO GO completeness, uninterruption, those from trade, and those within the law.

 EXPRESS FLOORS TO GO is not responsible and expressly denies warranty for any damage to your computer system from your use of the site, products and services on the site, or from any emails sent by EXPRESS FLOORS TO GO.  EXPRESS FLOORS TO GO is not responsible and expressly denies warranty for your dissatisfaction in a product or service or that a product or service will be secure, correct, and free from any defects. 

 LIMITATION OF LIABILITY

You acknowledge and understand that Express Floors To Go or its affiliates (officers, employees, agents, suppliers, or any other party involved in the creation and operation of this Site) shall not be liable for any claims for damages, whether direct or indirect, special, incidental, consequential, or punitive, as a result of your access to this Site, your use of this Site, your incapacity to use this Site or products and services of this Site, or otherwise developing in connection with this Site, whether in contract or tort or otherwise, even if you have been counselled of the prospect of any such damages.  You access and use this Site at your own risk.  Some laws in certain jurisdictions do not allow limitations and/or exclusions on specific warranties or damages.  As a result, our liability will fall within the legal requirements of these certain jurisdictions. 

 INDEMNIFICATION

You agree to indemnify and hold Express Floors To Go or its affiliates (officers, employees, agents, suppliers, or any other party involved in the creation and operation of this Site) harmless from any and all liability, claim, damages, loss,  costs or expenses including, without limitation, legal (attorney), collection, accounting, or any other professional fees, either consequential, special, or incidental of any kind as a result from your use of this Site, your use of the products and services of this Site, or from the use of third parties of this Site in connection with your access to the Site (ID or password), regardless of your knowledge and/or authorization.

 WARRANTIES

All warranties are solely with the product’s manufacturer and not with Express Floors To Go.  Buyer understands Express Floors To Go does not warranty or guarantee the product as any warrantees or guarantees are with the manufacturer of the product.  If you feel you have a claim, contact the manufacturer directly or contact Sales@expressfloorstogo.com to help you with your claim.

 RETURN & REFUND POLICY

If you (Buyer) are not satisfied with your purchase, you may return the items within 30 days from the date of delivery.  The items must be returned in original condition and/or unopened, undamaged cartons.  A non-negotiable 25% restocking fee is charged on all returns.  No returns are allowed after 30 days from the date of delivery.  No exceptions.  If the items need to be shipped back to Express Floors To Go, Buyer is responsible for the shipping costs.  Refunds will be given after the items have been received and inspected by Expressfloorstogo.com These items eligible and accepted for return will be refunded to the credit card used at the time of purchase.  We do recommend that you keep 1-2 cartons of product for future repairs.

 All cancellations not yet shipped will be subject to a non-negotiable 10% restocking fee.  All cancellations that have been shipped are considered a return and subject to the return policy mentioned in the previous paragraph.  If the Buyer refuses the order at time of delivery, the Buyer will be responsible and charged for the return shipping costs and the non-negotiable 25% restocking fee. 

 The following items are not returnable: Moldings, Sundries, Cleaning Supplies, Laminate Underlayment, Installed Product.

 SHIPPING, PICK-UP & PRODUCT VERIFICATION

 If you (Buyer) are picking up product: Buyer and/or Buyer’s Agent is responsible to confirm that all product picked up is correct.  All product picked up or delivered should be inspected for damage, color,

quantity, and quality.  Express Floors To Go will not be responsible for damage, shortages, or quality once Buyer has signed for the product. The Buyer agrees to indemnify and hold Express Floors To Go harmless for: (1) any damage to product or the Buyer’s vehicle during loading or transportation; (2) any damages to person or property while Buyer transports any product purchased from Express Floors To Go; and (3) all damages, either consequential, special, or incidental of any kind.  All claims regarding damages and/or loss must be made to Express Floors To Go prior to installation.  Buyer understands natural product such as hardwood, stone, marble, etc are products of nature and are subject to color, shade, grain, finish, and appearance variations from lot to lot, carton to carton and within a carton. Other non-natural products vary from sample.  Buyer understands Express Floors To Go cannot accept any returns or adjustments for “product variations.”  Note: Solid hardwood requires acclimation.

PRODUCT & SERVICE AGREEMENT

DEFECTIVE PRODUCT.  Any defective product should not be installed.  Buyer is to contact the manufacturer or Express Floors To Go.  Express Floors To Go will not be liable for labor or damages to remove and reinstall defective product.  

PRODUCT GUARANTEE & MODIFICATION Express Floors To Go cannot guarantee the availability or price of any product or services listed on this Site Express Floors To Go can change the availability and/or price of a product at any time without notice.  Express Floors To Go cannot guarantee that the content, prices, or product descriptions are accurate, up-to-date, or complete.  If a product or service has an incorrect price listed on the Site, Express Floors To Go has the right to cancel  and/or refuse any orders pertaining to this error.  If the Buyer has already been charged for this order, Express Floors To Go will issue a refund for the total incorrect amount to the payment used at the time or purchase.  The prices listed on the Site are in United States dollars and do not include sales tax and shipping and handling.  These additional costs, if applicable, are provided at the time of checkout and are the Buyer’s responsibility to pay. 

 IMAGES AND SAMPLES.  Images on the Site may vary from the actual product due to the image program you choose to use.  These images are not intended to be exact representations of the product but to serve as a guide.  It is recommended that you obtain a sample of the product before purchasing it.  However, samples might have slight variations and are also to serve as a guide for the actual product. 

INSTALLERS
Express Floors To Go does not employ and/or subcontract installers and/or installation companies.  Buyer directly compensates installers and/or installation companies for their services, and not Express Floors To Go.  Express Floors To Go might aid in the process of installation (not including actual installation), but in means does this aid qualify Express Floors To Go to be responsible for anything involving installation.  Buyer is responsible for verifying the references, licenses, competence, and quality of workmanship of all installers or installations companies referred by Express Floors To Go.  Buyer indemnifies and hold Express Floors To Go harmless for any and all claims and damages resulting from installers and installation companies referred by Express Floors To Go.

 SALES TAX

Express Floors To Go is required to charge sales tax in the State of California.  If you meet the legal guidelines to buy resale or are tax exempt, you must fax the appropriate documents to Express Floors To Go

 PREVAILING PARTY

The prevailing party in any action to enforce the terms or provisions of this agreement, including collections, shall be entitled to an award of collection and/or attorney’s fees and court costs incurred in any action and all actions will be filed in the County of San Diego courts in compliance with the laws of the State of California.

© Express Floors To Go 2004 All Rights Reserved