As you are purchasing for resales, please read the following document information about your rights and obligations, as well as limitations and exclusions that may apply to you.
These terms and conditions ("Agreement") apply to your purchase and resale of prefinished hardwood accessories, related Products and/or Services and Support sold in the United States and Canada ("Products") by the entity named on the invoice ("Artistic Finishes, Inc.” hereafter called the “Supplier”) or other documents provided to you as the Purchaser (hereafter called the “Purchaser”) by ArtisticFinishes.com or Artistic Finishes, Inc. By accepting delivery of these Products you agree to, and are bound by, the terms and conditions of this Agreement. These terms and conditions are subject to change at any time in the Supplier’s sole discretion without prior written notice to the Purchaser. By checking the box during the checkout process, you hereby agree to the terms and conditions outlined in this Agreement.
Reselling: The Purchaser may resell the Supplier’s Products to end-users. This Agreement is not exclusive. The Supplier may market Products to any third party directly or indirectly without any obligation or liability to the Purchaser. This Agreement does not guarantee that the Purchaser will make any sales of the Products. The Purchaser sets its own resale Product pricing. The Supplier reserves the right to restrict or prohibit your participation in certain promotions, or to add, modify, or discontinue pricing, Products and/or parts without advance notice.
Payment Terms & Orders: Terms of payment are within the Supplier’s sole discretion, and unless otherwise agreed to by the Supplier, payment must be received by the Supplier prior to acceptance of an order. Payment for the Products will be made exclusively by credit card; payment types currently accepted include Visa, MasterCard and American Express. Before the Purchaser's order is processed, the Supplier will charge 100% of the order amount, associated shipping costs and any applicable taxes to the credit card provided by the Purchaser during the checkout process. Pricing is as shown on ArtisticFinishes.com, unless a discount is specifically noted and applied to the transaction at the time of order checkout. The Supplier is not responsible for pricing, typographical, or other errors, in any offer on ArtisticFinishes.com and the Supplier reserves the right to cancel any orders resulting from such errors. In the event of cancellation by Supplier, the Purchaser's credit card will be credited by the amount charged for any cancelled order. Any order is subject to cancellation by the Supplier at its sole discretion.
Cancellation: Upon clicking the box to indicate acknowledgement and acceptance of the terms and conditions of sale and completion of the online order process, the Supplier begins the procurement process to fulfill the Purchaser's order as detailed in the Order Receipt. Orders can be cancelled until 11:59pm CST of the same day the order is placed. Any attempt to cancel an order after 11:59pm CST on the date the order was placed cannot be cancelled or changed. Effective July 1st, 2016.
Measures & Specifications: The Supplier shall not be held responsible in the event that items purchased do not fit in the Purchaser's customer-designated areas. The Purchaser is responsible for all measurements. The Purchaser should check his/her order for accuracy, as the Products will be manufactured based on details in the Order Receipt.
Shipping: All orders are shipped F.O.B. the Supplier’s factory located in Roseville, Minnesota. Shipping time is in addition to the production time period quoted. Note all product lead times for stair treads, risers and vents as shown online. The Purchaser should refer to the Order Receipt in "My Orders" for the expected date of shipment from the factory. The Purchaser is responsible for all costs of shipping from the Supplier to the delivery address, which will be billed to the Purchaser's credit card/accounts along with the Product charges at the time that the order is placed. View the full Shipping and Handling Policy HERE.
Shipping Dates: Shipping dates are estimates only and cannot be guaranteed. The Purchaser hereby agrees that the Supplier shall not be held responsible for manufacturing and/or shipping delays or for any circumstance beyond the control of the Supplier. Additionally, the Purchaser hereby acknowledges that depending on the Ship-To address and the shipping type selected, delivery times will vary; therefore exact date of receipt cannot be guaranteed. Merchandise will be shipped according to the Ship Method selected by the Purchaser when checking out from ArtisticFinishes.com.
Deliveries: The delivery address specified by the Purchaser must be accessible to the delivery vehicle. If delivery to the designated area is not feasible, delivery will be made to an accessible location or the nearest transport terminal of the assigned carrier; and it will be the Purchaser's responsibility to provide a means of transportation from such location to the delivery address. Neither the Supplier nor the carrier will be responsible for any damages or increased costs incurred by the Purchaser as a result of the carrier’s inability to deliver to the address designated.
Title, Risk of Loss & Insurance: Title to Products passes from Artistic Finishes, Inc. to the Purchaser on shipment from Artistic Finishes, Inc.'s facility or third party manufacturers’ facility.
Returns & Customer Service: Cash refunds will not be given. Should any material not meet the Supplier’s warranty, please advise ArtisticFinishes.com prior to installation. Otherwise, the Supplier will be unable to accept responsibility. All requests for return by the Purchaser must be made within 15-days of receiving the products. To request a product return, complete the online Return Goods Request (RGR) which will be submitted to the Supplier’s Returns Department electronically. If approved, the Purchaser will receive a Return Goods Approval (RGA) number and instructions on how to return the product. Once the RGR is approved and issued, the Artistic Finishes Product must be returned within 30 days from the RGA issue date to be eligible for replacement or credit. The RGA number must be displayed prominently on the outside of the return packaging. Returned Products will be inspected upon receipt to verify condition and accuracy of the return. All returned product must be shipped by one of the freight carriers designated by the RGA. Be sure to retain the original boxing, packaging, paperwork and labeling for all items for which you are filing an RGR, as the Shipping Carrier or Artistic Finishes may perform an onsite investigation of the claim if necessary.
Damages: If possible, each item received should be carefully and thoroughly inspected by the Purchaser upon delivery. In the event of damage or defect, please notify the delivery personnel/driver, if possible so they can note it. At the sole discretion of the Supplier, the Purchaser may be required to provide photographs of damage or defect and/or an independent agent may be hired by the Supplier to perform an inspection of the merchandise. If items have been deemed appropriate for return to the Supplier, the Purchaser must receive prior approval from the Supplier using the online Return Goods Request (RGR) process. If the Purchaser does not utilize a recommended delivery company for return shipments, all delivery costs shall be borne by the Purchaser in all circumstances. Only the individual items that are not acceptable may be returned. In the event of damage or manufacturing defect, items will be repaired to the Supplier’s standard or replaced. The Supplier will keep the Purchaser notified of the order status and the actions to be taken in the My Messages area of ArtisticFinishes.com.
Warranties: The supplier makes no express warranties except those stated in this section and in the supplier’s applicable 1-year limited statement in effect on the date of this invoice, packing slip or order receipt or the documentation provided with the product(s). The supplier disclaims all other warranties, express or implied, including without limitation implied warranties of infringement, merchantability and fitness for a particular purpose.
Additional Remedies & Responsibilities: The Purchaser shall be solely responsible for all representations, warranties or promises made to the Purchaser's customers.
Limitation of Liability: The supplier does not accept liability beyond the remedies set forth herein, including but not limited to any liability for products not being available, for lost profits, loss of business, your breach of this agreement or the provision of services and support. The supplier will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for and claim by any third party except as expressly provided herein. Notwithstanding anything in this agreement or on our website to the contrary, the supplier is not responsible for information you provide to us unless you have a separate written agreement otherwise. You agree that for any liability arising from or related to the purchase of any products, the supplier is not liable or responsible for any amount of damages above the aggregate dollar amount invoiced by the supplier for the respective products.
Trademarks & Copyrights: The Purchaser may use the "Artistic Finishes, Inc." name and Artistic Finishes, Inc.'s product names solely for the purpose of accurately identifying the Supplier-branded Products the Purchaser markets and/or sells under this Agreement. The Purchaser agrees to change or correct, at its own expense, any material or activity that the Supplier decides is inaccurate, objectionable or misleading or a misuse of the Supplier's name, trademarks, service marks, or the Supplier's logos or copyrighted works. The Purchaser may not use the Supplier’s name and the Supplier's product names for any other purpose. The Purchaser may not use other Supplier trademarks or service marks, or Supplier's logos or copyrighted works, at any time. The Purchaser may not register or make use of any domain name or business names containing or similar to any name or mark of the Supplier's. The Purchaser will clearly and prominently identify itself in all offers and advertising, marketing and promotional materials relating to this Agreement.
Governing Law: The parties agree that this Agreement, any sales and there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between the Purchaser and the Supplier, arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement or any related purchase shall be governed by the laws of the State of Minnesota, without regard to conflicts of law rules.
Export: The Purchaser acknowledges that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include non-domestic and exotic wood species, are subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export or export laws and regulations of the country in which the Products are manufactured and/or received. The Purchaser acknowledges that it is its sole responsibility to comply with and abide by those laws and regulations.
Wood & Humidity Variations: It is impossible to control the expansion and contraction of wood caused by fluctuating humidity conditions during transport and conditioning in the end-user’s environment. Prior to installation, the end-user is responsible for removing the packaging and allowing the molding Products to acclimatize for a minimum of 48-hours in the room in which they are to be installed.
Once the Purchaser has accepted the Products, the Supplier shall have no responsibility for swelling, splitting or adjustments to the woods. In addition, variations in wood characteristics do exist and the Supplier shall not be held responsible for such variations. Hardwoods exhibit a wide range of colors and grain patterns, all of which change with time and light exposure, both artificial and natural. The Supplier’s wood Products will display this same color variability and range of tones.
Color Blending & Coordination: All of the Supplier’s prefinished wood Products are factory-finished to coordinate with a specific manufacturer’s prefinished hardwood floor. The Supplier strives to create a blend (not a match) between the flooring and the prefinished moldings and accessories.
Changes to Agreement: If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain in full force and will not be terminated. Neither party will be liable for any delays resulting from circumstances or causes beyond the party's reasonable control.