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| Conditions of Use |
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General
information:
- The following terms
and conditions govern your use of this web site as well as the purchase
of any product(s) by you through this Site. Acceptance of the herein
"terms and conditions" is agreed by customers to be in full and
not in part or parts, for any reason whatsoever.
- The following terms
and conditions will form a legal binding agreement (contract) between
Thassos.com its interconnecting/mother companies and any signing second
party.
- For the purposes
of this binding agreement between Thassos.com, its interconnected and/or
mother business companies and any online surfer who has the legal capacity
of signing a contract:
- "Users" -
"Surfers" are considered: customers in general, natural persons,
non-profit organizations, legal persons and/or commercial entities of
private or governmental interest, acting on their -or a third party`s-
behalf, under a will (but not necessarily performing such will) to register
their contact/personal information with the site`s on-line database,
to receive information on products and/or to proceed in a purchase of
a certain product(s).
- A natural person
is any individual, not acting on behalf of a commercial company, organization
or entity of private or governmental interest that has the legal capacity
of signing and entering into a binding contract under relevant and applicable
law.
- A legal person of
private interest is any company, organization, or entity that operates
commercially, under the provisions of relevant applicable law, not receiving
any governmental funds of any amount.
- A legal person of
governmental interest is: any company, corporation, organization or
entity receiving governmental funds of any amount and/or acting on the
pursuit of governmental interests.
- Non-profit organizations
are: organizations whose primary objective is something other than the
generation of profit.
- Return process:
is the process taking place from the moment a customer initiates procedure(s)
- after informing Thassos.com, within the required period of time, on
his/her will, - to have the goods returned to Thassos.com for any reason,
up to the unloading of the goods to our designated location.
- WWW.THASSOS.COM
is entirely owned by "Thassos Inc." with physical address: 56 Dobbin
Street, Brooklyn, 11222, New York and telephone numbers: 1-718-2189070
/ 1-718-2189071 / 1-718-2189072 / Fax: 1-718-2189073. The company, "Thassos
Inc." is doing business as "Thassos.com" or "Thassos.com Inc."
or "www.thassos.com" or "www.thassos.com Inc."
The above writings
do not, under any circumstances, substitute/complement any current applicable
law.
TERMS
AND CONDITIONS:
- All content on this
site, including but not limited to, of text, graphics, logos, button
icons, images, digital downloads, data compilations and software, is
the property of Thassos.com, Thassos Inc. and/or its content suppliers
and is protected by relevant United States and international copyright
laws.
- This Site, or any
portion of this Site, may not be reproduced, sold, copied, or otherwise
exploited for any commercial or personal purpose without prior written
approval from Thassos.com. You may not use the Thassos.com name, logo
or other proprietary graphics without prior written approval from Thassos.com.
- Thassos.com grants
you a limited license to access and make use of this site but not to
download or modify it, or any portion of it, except with express written
approval from Thassos.com. This license does not include:
B) Any
collection and use of any product listings, images, descriptions, or
prices;
C) Any
use of data mining, robots, or similar data gathering and extraction
tools, including but not limited to, any external links leading to www.thassos.com.
- This site is provided
by Thassos.com on an "as is" and "as available"
basis. Thassos.com makes no representation or condition, expressed or
implied, as to the operation of this site, or information, content,
materials or products included on this site, including, but not limited
to implied warranties of merchantability and fitness for a particular
purpose. You expressly agree that your use of this site is at your sole
risk. Thassos.com does not warrant that this site, its servers, or e-mail
sent from Thassos.com are error-free from viruses, or other harmful
components. Thassos.com will not be liable for any damages of any kind
arising from the use of this site, including, but not limited to direct,
indirect, incidental, punitive or consequential damages. In no case,
will the total liability of Thassos.com exceed the sale price of the
goods ordered from Thassos.com by the customer.
- Thassos.com cannot
guarantee product availability and customers should be advised that
listed items may not be available for immediate delivery. Thassos.com
reserves the right, without liability or prior notice, to revise, discontinue,
or cease to make available any or all products. In addition, it is up
to our discretion to deny acceptance, processing or completion of a
received order where we find that necessary.
- Customers agree
that delivery of their product(s) may take up to 15 business days for
stock items and 25 business days for out of stock items; special orders
may take up to 45 business days. Thassos.com will issue a full refund/full
credit to the customer`s choice in the event that the company is unable
for any reason whatsoever, to fulfill its duty towards a customer within
the specified time period set out in this paragraph. The commencing
period for delivery countdown will be the "ORDER CONFIRMED" -as
described in paragraph (10) - notification sent by www.thassos.com towards its customer(s).
- Customers` knowledge
of the "Order Confirmed" receipt -see para. (10)- notification
is not required. Once the notification is sent to the customer`s designated
postal address, e-mail address or fax number, it is to the customer`s
responsibility to be informed on the matter and inform Thassos.com for
any alterations or cancellations he/she might wish to make regarding
that order - within the specified time period, see para. .
- Customers are advised
that orders may be shipped immediately after confirmation of their order
is sent to them by Thassos.com. Any changes or cancellations, resulting
to extra costs, that are made during the loading of the goods or after
a shipment has left our premises will be subject to the provisions set
out in para. (17). In addition, any changes made on a requested shipment
after confirmation regarding the availability and price of the items
by Thassos.com may lead to extra delivery delays. Therefore changing
a confirmed order shall mean renewal in the commencing of the delivery
countdown period -see para. (6)-.
- Customers must be
aware that after submission of an order and upon cancellation of it,
there might be a fee deducted from the total refunded amount, to cover
bank or any other payment agencies fees. Although Thassos.com will issue
a full refund or credit to the customer`s discretion upon cancellation
of his/her order providing that the order has not left our premises,
the term "full" will not include fees detained by the above mentioned
agencies -para. (9)- , such fees are outside the company`s sphere
of control and shall not be returned.
- In the event that
a customer`s contact details have changed between placement of an
order and receipt of "Confirmation"
see para. (10) - or since his/her first registration to the web site`s
on-line database it is up to the customer to inform Thassos.com for
any relevant changes to his personal information. Customers must ensure
at all times that their personal information is accurate and up-to-date.
Any problems that might occur because of the customer`s duty to ensure
the above, will not burden under any circumstances, Thassos.com
- Customers that
have not received "confirmation" -see para. (10)
- regarding their order(s) within 5 business days upon placement of
their order should contact immediately Thassos.com. This communication
burdens exclusively customers and not Thassos.com.
- Our services are
available only to individuals (natural persons) or legal persons who
can form a legally binding contract under applicable law. Without limiting
the foregoing, our services are not available to minors. In addition,
Thassos.com reserves the right, in its sole discretion for any reason,
not to accept an order.
- Payment of all
items purchased via the on-line store is trough Pay Pal® only. All means of payment that are
available through Pay Pal® are accepted.
- Thassos.com will
accept no liability for any financial transaction loss that is out of
the company`s power that might occur through its provided on-line
payment methods. Should a transaction, towards Thassos.com, receive
any loss, in part or in whole, the loss will burden customers only,
who will still be in place to fulfill their duty towards any order(s)
they have made through the on-line store.
- Orders placed through
the on-line store are only valid once they have been confirmed by Thassos.com
through e-mail or any other tangible appropriate means. An automatically
generated e-mail stating "Receipt Confirmation" does not
constitute a confirmed order. All means of confirmation will state on
the top side of the page "ORDER CONFIRMED".
- Customers may place
orders for merchandise via the on-line store; Thassos.com will confirm
the pricing and availability of all orders -as described in paragraph
(10) - prior to accepting the order. These terms and conditions apply
to all orders:
Thassos.com
ensures and guarantees delivery of the material in good condition, with
an acceptable damage ratio not to exceed 2% of the respective shipment.
When ordering tile products, customers should order extra material (approximately
15%, depending on the application) to offset the waste factor inherent
in cutting tiles to fit the installation area, and for the possibility
of incremental damage. Damaged or missing material in excess of 2 %
of the total shipment will be replaced at no charge to the customer
or Thassos.com will issue a full refund, or credit (at the Customer's
choosing) for the value of those damaged goods. Customers are required
to inspect the material upon receipt and make any claims for damaged
or missing products on the Bill of Lading/Delivery Receipt provided
by the driver at the time of delivery. In the event of damaged goods
arriving, it is important to retain all damaged material and packaging
on the premises to provide time for an insurance adjuster to inspect
the product. Should the material arrive with visible damage, it is important
to notify Thassos.com as soon as possible, not to exceed 3 business
days from receipt of the material. In the event that the material arrives,
and appears to be in good condition, but upon further inspection after
delivery, there is concealed damage customers must notify Thassos.com
within 3 business days of delivery. In the event of damaged or missing
goods, please call your Thassos.com representative, or contact our main
office at 1-866-887-8663. Pictures of the damaged goods, a copy of the
Bill of Lading, or other related documentation may be requested by Thassos.com
to assist in the claims process. Thassos.com will be responsible for
the filing of freight claims directly with the freight carriers. Notification
of damaged or missing products that are made after 3 business days from
the delivery of the goods may not be eligible for replacement or refunds.
Please understand that a late notification from customers inhibits,
or eliminates, the ability of Thassos.com to file a freight claim with
most carriers.
- 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,
Thassos.com shall have the right to refuse or cancel any orders placed
for products listed at the incorrect price. In addition Thassos.com
shall have the right to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card has been charged.
If your credit card has already been charged for the purchase and your
order is canceled, we shall immediately issue a credit to your credit
card account in the amount of the charge always in accordance to para (9), (17), (18) provisions- .
- If customers wish
to have their product(s) returned to Thassos.com for any reason excluding
"the damaged factor" Customers must notify Thassos.com within a
5-day period from delivery. Returns will be subject to a 25% restocking
fee plus related freight charges. Canceled orders for which an order
was placed by Thassos.com to its suppliers and has not left the origin
factory at the time of the cancellation are subject to a 10% deductible
fee of the total amount of the order. Canceled orders for which an order
was placed by Thassos.com to its suppliers and has departed the origin
factory will be governed by the "special orders" section
-see below- unless prior agreement has been set out -in a tangible
form- between Thassos.com and the agreed second party. Material
that is returned must be packaged for pick-up in the same way it was
received. Whenever possible, tile products should be packaged face-to-face
and back-to-back to avoid scratches on the surface. In the event that
a customer is responsible for damages inflicted upon the goods on the
return process no refund will be issued to the customer for the relevant
damaged product. Material should be firmly secured inside the crate,
or tightly shrink-wrapped on the pallet. Thassos.com will not accept
returns for goods that have been used by the customer (installed and
later uninstalled, or uncrated and handled in a manner that makes the
re-sale of the products unfeasible). Credit or refunds for returned
goods will be issued after material has been returned to the original
shipping location, or other designated Thassos.com facility and inspected.
Samples and Special Orders (see below) are not eligible for return and
will receive no refund. Due to the cost of shipping and handling, all
products should be selected carefully with an understanding of the consistency
in the color and veining. Stone is a product of nature and variations
in color and veining may exist and are considered part of the natural
characteristics of the stone.
- Cancelled orders
that have not been shipped from their original location may be cancelled
prior to the goods being shipped; these orders will be subject to a cancellation
fee of 10%. Special orders are not subject to cancellation or return.
Special orders include, but are not limited to, custom orders, factory
direct orders or other non-standard inventory items requiring special
consideration on the part of Thassos.com for either the manufacturing
or distribution process.
- Customers that
wish to return products to Thassos.com have the responsibility of insuring
these products with the freight/transportation company, as if any damages
are occurred during the "return process" will burden solely
customers and not Thassos.com. In the event that a shipment or part
of a shipment sustains damages during the "return process"
and no insurance has purchased by the customer Thassos.com will refuse
refund or credit for part or whole of the damaged shipment.
- Thassos.com works
with a variety of reputable freight carriers for its US and International
shipments. In the case of commercial deliveries (all non-residential
deliveries), the customer will be responsible for offloading the pallets
at the commercial loading dock or commercial job site. In most cases,
customers may order additional services through Thassos.com, including
lift-gate service (mechanical elevators. Deliveries to residential neighborhoods
also require special logistical considerations. These additional services
require specialized equipment and will result in additional accessorial
charges that are the responsibility of the customer. In most cases,
the drivers that deliver to residential areas will not drive onto the
driveway of customers in residential areas due to liability concerns,
or due to access issues. In the event that a customer orders a residential
delivery with a lift-gate service, Thassos.com is responsible for the
delivery and offloading of the material to the end of the driveway.
If feasible, and practical, the drivers may, at their sole discretion,
agree to roll the pallets (not individual pieces) of material using
a pallet jack (similar to a dolly for heavier material), to a more convenient
location for the customers. Thassos.com does not guarantee that the
job site conditions will permit such an accommodation, and the ultimate
responsibility for moving the material from the end of the driveway
to the final placement of the customer's choosing is the responsibility
of the customer. Pallet jacks will not work on gravel, dirt or soft
driveways. In the event that the goods need to be moved on the job site,
equipment such as a forklift (with pneumatic tires if going over gravel
or soft ground) and an operator will be required to move the pallets
to their final location. The expenses related to forklifts and operators,
is the responsibility of the customer. Please speak with your Thassos.com
representative if you have questions regarding the freight and logistics
process.
- In the event that
damage is inflicted on the product by the freight/courier company after
leaving our premises, customers agree on a 30 business day period, for
the products to be reshipped to them. In the event that Thassos.com
is unable to fulfill this duty a full refund - restrictions apply,
see para. (9) - or credit will be issued by Thassos.com.
- Thassos.com will
accept no liability in case information to register an account to our
database or to process an order is made by unauthorized payment information.
Thassos.com will take all the reasonable measures to ensure fraudulent
attempts, however in such an event where "fraudulent attempt" is
not an applicable term Thassos.com may apply all the charges applicable
to "cancelled orders"
- Thassos.com will
accept no liability in case information to register an account to our
database or to process an order is made by unauthorized payment information.
Thassos.com will take all the reasonable measures to ensure fraudulent
attempts, however in such an event where "fraudulent attempt" is
not an applicable term Thassos.com may apply all the charges applicable
to "cancelled orders"
- Any dispute relating
in any way to your visit to Thassos.com or to products you purchase
through Thassos.com shall be submitted to confidential arbitration in
a New York or New Jersey court, except that, to the extent you have
in any manner violated or threatened to violate the intellectual property
rights of Thassos.com. Thassos.com reserves the right to seek injunctive
or other appropriate relief in any state or federal court in the Commonwealth
of New York or New Jersey. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings or
otherwise.
- Customers` "personal"
information that is registered with www.thassos.com is not stored under any form at the
company`s physical address location but at the provider`s - www.lunarpages.com - electronic database through which
Thassos.com has limited access. Thassos.com will not sell, pass or disclose
such information on to third parties, however in the event where such
disclosure takes place due to supernatural reasons and/or due to "breach
of security" reasons related to the host`s server and/or because
of reasons related to the web page`s server operation, Thassos.com
and/or its interconnected business names acknowledge no responsibility
for any inconvenience, financial loss or any damages that may be inflicted
upon customers in the event of such a loss.
- The company will
accept no returns of any samples ordered through the on-line store.
Samples are only to be replaced by Thassos.com only in the event that
they have sustained damages during the "delivery process", beyond
a 15% of the total area of the product.
- Thassos.com reserves
the right to modify, delete or add any new "terms and conditions"
at any time, without any further notice, to regulate its commercial
affairs with its customers. Should Thassos.com takes such an action
customers who have already registered with the on-line store`s database
will be required to re-sign the "new" terms and conditions before
making any future purchases. Failure to re-sign the "new" terms
and conditions will result to a customer`s deletion from the database,
after five (5) business days. The customer will have to re-register
with the site after his/her deletion.
-
Thassos.com cannot under any circumstances
guarantee the accuracy of the shipping costs provided by freight companies. Relevant freight
charges given through the on-line store are always to be confirmed by a representative,
before shipping of the product(s), and subject to any change for any reason. In the event that
extra freight charges occur, for any reason, after submission of a customer`s order to
Thassos.com, the customer remains under
obligation to cover the extra charge. Should the customer wish to cancel his order,
due to the any extra charges factor, he/she can do so under the provisions set out in para (9), (17), (18).
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