Terms Of Service
PLEASE CAREFULLY READ THE FOLLOWING IN ITS ENTIRETY. THIS IS A BINDING AGREEMENT BETWEEN YOU AND HOMIZE, INC. BY USING THIS WEBSITE TO PURCHASE OUR PRODUCTS, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
- Parties and Effective Date
This Agreement (“Agreement”) is between Homize, Inc. (“Homize”, “We” or “Us”) and you (“Buyer” or “You”) as a user of the www.CabinetHub.com Site (the “Site”) and the services available through the Site (the “Services”).
This agreement is effective the date on which you accept it through the Site (“Effective Date”)
- Non-Custom Product
Once an order is processed, it cannot be changed, cancelled or altered for any reason. If you are concerned that you are unsure about, or may want to change your order, please do not place it.
Non-custom products may be returned to Homize with a 20% restocking fee if the following criteria is met: 1) product is not assembled—flat pack only 2) return is initiated within 60 days of receipt of the product 3) product is not damaged 4) product is in original packaging.
Seller will not provide a return shipping. All return shipping expenses are assumed by the purchaser.
- Custom Products
CHANGES MAY NOT BE MADE ONCE AN ORDER HAS BEEN PLACED. ORDERS ARE PROCESSED IMMEDIATELY, WE CANNOT CANCEL OR CHANGE AN ORDER FOR ANY REASON. ONCE PLACED, AN ORDER WILL NOT BE REFUNDED OR CHANGED. THERE ARE NO EXCEPTIONS.
ALL STYLES, SIZES, SHIPPING TYPE, AND DESTINATION ARE FINAL. Once an order is complete, it is processed immediately and cannot be changed, cancelled or altered for any reason. If you are concerned that you are unsure about, or may want to change your order, please do not place it.
Please check sizes and specifications carefully as this is your confirmation of the order. We do this to make sure you receive your order correctly. Any mistake that is not corrected becomes your responsibility. Special instructions should be clearly communicated and confirmed directly with a representative from our company before the order is placed.
If you do not receive confirmation please check your spam folder or call us. We may have experienced a transmission problem and need your assistance. Do not re-fax or e-mail again.
- Limited Warranty
Homize Inc. warrants that all of its Products will be free from defects in workmanship and material upon delivery. This limited warranty applies only to Products in normal residential use and installation. Defects are defined as imperfections that prohibit the use of the cabinet in normal residential applications. This warranty applies to the original purchaser for so long as they own the home in which the product is installed. This warranty cannot be transferred to subsequent purchasers of the home or of the products themselves.
Disclaimers: Defects do not include items beyond our reasonable control, including but not limited to the following: A) Natural variations in the color, texture, and grain of the wood used to manufacture our cabinets or changes in the color of the wood cause by the natural aging process of the wood material are not considered defects. B) Changes to wooden doors caused by changes in humidity, temperature and other local atmospheric conditions are not considered defects. Door warpage of up to ¼” shall not be considered a defect. C) Changes (such as finished stress lines) caused by the use of diffuse porous woods (such as birch) or by changes in humidity, temperature and other local atmospheric conditions are not considered defects. D) Glazed finishes are by nature uneven, and some edges and profiles will be larger than others. Glazed finishes may vary from item to item, resulting in variations in color, texture and finish. These types of variations are not considered defects.
Defects or damage caused by improper assembly or disassembly, intentional damage, misuse, product modifications, exposure to the elements, accident, or negligence on the part of persons other than Homize is not covered by this limited warranty.
Homize reserves the right to discontinue or modify any of its products without notice and shall not be liable for providing warranty replacements in the event of such discontinuance. If Homize replaces any product under this warranty, it may substitute parts of products designated by Homize to be of comparable quality or price in the event the parts or products initially purchased have been discontinued.
Exclusions: Homize’s obligation under this limited warranty is expressly limited to the replacement of the affected cabinets or component parts, at our discretion. This limited warranty does not cover the cost of assembly, installation, removal, subsequent damage or transportation of the defective Products regardless of whether the work was performed by customers or by a contractor, service company or consumer. Without limiting the foregoing, labor charges for removal or installation of warranted materials, as well as incidental and consequential damages, are excluded.
All Products must be inspected upon receipt for damage. Products will not be accepted for return without prior written approval. Products need to be returned in their original condition to the offices of Homize for inspection. Any Product that shows signs of exposure to moisture, heat or sun, shows signs of job site neglect or is modified in any way shall be deemed accepted by the buyer and voids this limited warranty. In the event that a mistake has been made to your order, Homize will do everything in its power to correct that mistake, which may cause delays to the order and Buyer’s project. Homize will not be held responsible for any delays or subsequent damages or delays as a result of a remake, replacement or problem order.
All orders must be placed through the Site. All orders are processed immediately upon payment. Items will be inspected at our facility before shipping for damage and quality. Our production team will begin construction upon approval and receipt of payment in full.
IMPORTANT GUIDELINES ABOUT OUR PRODUCTS THAT REQUIRES YOUR SPECIAL ATTENTION:
- Because of its nature, wood will expand and contract. Changes in temperature, humidity and other conditions produce wood movements.
- Avoid inhaling wood dust or use a dust mask or other safeguards for personal protection.
- Drilling, sawing, sanding or machining wood products generates wood dust, a substance known to the State of California to cause cancer.
- Homize strictly adheres to these recommendations:
- Products should not be subjected to abnormal heat, cold, extreme dryness, humid conditions or sudden changes therein.
- HOMIZE WILL NOT BE HELD RESPONSIBLE FOR DAMAGE DUE TO THE ABOVE LISTED SITUATIONS. THESE ARE NOT CONSIDERED A DEFECT.
All payments shall be made through the Site. Homize accepts payment via Visa, MasterCard, American Express and Discover.
- Handling and Freight Policy
Homize will make commercially reasonable efforts to ensure that most orders are shipped within 5-10 business days from credit approval. In an effort to simplify and clarify our charges for freight and handling, the following policy applies:
- Orders of 12 pieces or less or $300.00 or less are subject to shipment via UPS and assessed for packaging materials required to ship plus UPS charges.
- All orders will be assessed for standard HANDLING CHARGES. Each Product will be counted in determining the handling charge. This charge will apply to all orders, whether it is to be will-called, delivered on our truck or shipped via common carrier or UPS. Additional delivery attempts via our trucks or UPS will result in a charge of $50.00 for each attempt after the first.
- All other orders will be shipped via common carrier or UPS. Orders will be assessed for packaging materials required to ship.
- Minimum invoice charge $25.00.
- Any damage to outer packaging must be noted and brought to the attention of the carrier. Save all packaging material in case a damage claim is to be made. If you would like to file a claim for products damaged upon arrival, please send photos and a description of the damage to Homize. Once submitted, we will advise you within 1 business day of our course of action.
- A $15.00 fuel surcharge will be assessed for each delivery.
- Return & Refund Policy
Products must be inspected upon receipt. Our limited warranty covers the replacement of Products in good condition, as originally delivered F.O.B. from our factory.
In the very rare event that a damaged product is shipped, please email detailed pictures of the damage with an explanation and request for replacement. If the product was damaged/defective before shipping, it will be replaced, we will ship the replacement upon receiving the damaged product and will refund shipping costs associated. In the event an item is returned to us by a client, and the damage did not result from us, Buyer will be liable for all shipping and related costs.
All packages are shipped with insurance for the order amount. In the event a product is damaged by the courier delivery service, the client will be responsible for pursuing a claim with the delivery company directly. Please be advised that some delivery services will contact you prior to the delivery. If they are unable to reach you by the phone numbers provided, they will not deliver your order. Freight companies will charge up to $100 per day to store your order. Buyers are responsible for these and any other additional charges.
- Timeline and Delays
Homize will not be held responsible for delays caused by factors beyond our control (i.e. obstruction or blockage of usual routes of transportation, unavoidable accidents, riots, natural disasters, vehicle shortages, prevention of labor, pandemic or epidemic related disruptions to shipping or manufacturing, power shortages or lack of materials.) There are no other warranties of any kind expressed or implied related to the timeliness of the delivery of our products.
Buyer acknowledges that there are a variety of factors that may impact, and or delay the delivery and production of the items ordered. Many of them are beyond the control of Homize. Regardless of the nature of a delayed order, problematic or mistaken order, Homize and its affiliates will not be held responsible for any damages caused by delays in delivery or return and redelivery of products.. Buyer agrees not to hold Homize liable for any delays or damages for any reason. Homize will make commercially reasonable efforts to deliver the order within the suggested time.
Prices are subject to change at anytime and without notice. If a product is listed at an incorrect price, you have the right to refuse, cancel, modify or take action to address the error. In no event shall Homize be responsible for selling or shipping a product at an incorrect price.
- Changes to Site Functionality
Homize does not guarantee continuous, uninterrupted, ongoing access to the Site or any of the Site’s features, and operation of the Site may be interfered with or eliminated entirely by numerous factors outside of Homize’s control.
- Limited Warranty
ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY ON THIS PRODUCT, AND ON THE PARTICULAR PORTION OR PART OF THE PRODUCT IN QUESTION. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
You agree to indemnify and hold Homize and Homize’s parents, subsidiaries, affiliates, officers, owners, shareholders, directors, consultants, suppliers, contractors, agents and employees harmless from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to Buyer’s conduct or failure to act. Buyer’s use of Homize’s services, or Buyer’s use of the Site, including but not limited to claims or demands relating to Buyer’s breach of this Agreement, violation or alleged violation of any rights of another, or the violation or alleged violation of any law or regulation.
The parties represent to each other as follows, acknowledging that the other party is relying on these representations:
- The parties have the authority and capacity to enter into this Agreement;
- The parties have duly agreed to the terms of this Agreement; and
- This Agreement constitutes a legal, valid and binding obligation, enforceable against the parties in accordance with its terms.
- Limitations of Liability
IN NO EVENT SHALL HOMIZE, OR ITS SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO HOMIZE’S SITE OR SERVICES, YOUR USE OF HOMIZE’S SERVICES OR THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, OR EMOTIONAL DISTRESS.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT HOMIZE IS EVER DETERMINED TO BE LIABLE TO YOU, YOU AGREE THAT HOMIZE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF HOMIZE’S SUBSIDIARIES, OFFICERS, DIRECTORS,OWNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS, SHALL BE LIMITED TO THE AMOUNT HOMIZE ACTUALLY RECEIVED AS A RESULT OF ANY PROJECTS YOU PURCHASED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF HOMIZE IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL HOMIZE BE LIABLE TO YOU FOR, AND YOU WAIVE ANY RIGHT TO SEEK FROM HOMIZE, CONSEQUENTIAL OR SPECIAL DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Choice of Law
This Agreement shall be interpreted and governed by the laws of the State of California, without regard to conflict of laws principles.
- Dispute Resolution dispute
You and Homize will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations. If the dispute cannot be settled amicably within fourteen (14) days from the date on which either party has served notice on the other of the dispute, then the remaining provisions of this Section 16 shall apply.
In the event that the dispute cannot be resolved through negotiations, but it qualifies for small claims, the dispute shall be resolved in small claims court in San Francisco, CA.
If the dispute does not qualify for small claims court, the dispute shall be settled by binding arbitration in San Francisco, California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
- Attorneys Fee
In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party against the other party arising out of this Agreement, the prevailing party is entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
- Waiver of Jury Trial
Each party irrevocably and unconditionally waives any right it may have to a trial by jury with respect to any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.
- Entire Agreement
- Parties and Effective Date