Terms & Conditions
Welcome to ECOSTONE USA4USA.com. This site is provided by ECOSTONE USA Company (the site and the company will be referred to throughout this document as "ECOSTONE USA") as a service to our customers subject to the following terms, conditions, and security & privacy policy. Please note that your use of this and any of our sites constitutes your unconditional agreement to follow and be bound by these terms, conditions, and policies. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the terms, conditions, and policies.
Applicable Law
This Agreement shall be governed by and construed under Ohio law as such
law applies to agreements between Ohio residents entered into and to be
performed within Ohio. Any action or proceeding arising out of or related to
these terms, conditions, and policies or your use of this site must be brought
in the state or federal courts of Ohio.Copyright
All content included on this site, such as text, graphics, logos, button
icons, images, audio/video media, digital downloads, data compilations, and
software, is the property of ECOSTONE USA, its software suppliers, or its
content suppliers and protected by United States and international copyright
laws.Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY ECOSTONE USA ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ECOSTONE USA MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, ECOSTONE USA DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, ECOSTONE USA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF
THE ECOSTONE USA WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE
MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT.Whereas, from time to time, ECOSTONE USA may provide certain products that cannot be resold as new (“Items”). Items include samples given to a contractor for review of said Items. In consideration for receipt of such Items, and other good and valuable consideration, the sufficient of which is hereby acknowledged, the Contractor agrees as follows: NO RETURN: Such Items are offered free of charge and cannot be returned for refund, credit or otherwise. WARRANTY: Given the nature of these items, Seller provides them "AS IS", WHERE IT IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. CONTRACTOR HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER HAVE LIABILITY. LABOR ALLOWANCE: Seller makes NO ADDITIONAL ALLOWANCE FOR THE LABOR, SHIPPING OR OTHER EXPENSE INCURRED BY CONTRACTOR IN RETURNING, and REPAIRING OR REPLACING THE DEFECTIVE ITEMS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. RELEASE: Contractor hereby waives, releases and discharges Seller, its corporate affiliates and their officers, directors, employees and related parties, from any and all claims, actions, causes of action, demands, damages and liability of whatever nature, known or unknown, in connection with or arising from sale or use of Items hereunder. INDEMNITY: Furthermore, Contractor agrees to defend, indemnify and hold Seller harmless from any and all claims, actions, and causes of action, demands, damages and liabilities of whatever type as a result of the use of the Items (s).
Electronic Communications
When you visit ECOSTONE USA or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices on
this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.Indemnification
You agree to defend, indemnify and hold ECOSTONE USA harmless from and
against any and all claims, damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the site.License and Site Access
ECOSTONE USA grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of ECOSTONE USA. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, image stripping, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without express written consent of ECOSTONE
USA. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of ECOSTONE USA and our affiliates without express written
consent. You may not use any meta tags or any other "hidden text"
utilizing ECOSTONE USA's name or trademarks without the express written consent
of ECOSTONE USA. You may not use any direct linking or source-calling of any
media presented on this web site. Any unauthorized use terminates the
permission or license granted by ECOSTONE USA. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
ECOSTONE USA so long as the link does not portray ECOSTONE USA, its affiliates,
or their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any ECOSTONE USA logo or other proprietary
graphic or trademark as part of the link without express written permission.Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ECOSTONE USA OR ANY OF ITS
AFFILIATES (Network Stores), EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR
SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR
IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THIS AND OTHER ECOSTONE
USA WEB SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE
OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ECOSTONE USA HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL ECOSTONE USA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU
IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING
THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO
YOU.Minors
If you are under 18, you may use ECOSTONE USA only with consent of a parent
or guardian. ECOSTONE USA reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.Order Acceptance
Please note that there may be certain orders that we are unable to accept
and must cancel. We reserve the right, at our sole discretion, to refuse or cancel
any order for any reason.Product Descriptions
ECOSTONE USA attempts to be as
accurate as possible. However, ECOSTONE USA does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product you purchase from us is not as described,
your sole remedy is to return it in unused condition.
We have also made every effort
to display as accurately as possible the colors and finishes of our products
that appear on the site. However, as the actual colors you see will depend on
your monitor, we cannot guarantee that your monitor's display of any color or
finish will be accurate.
Disclaimer of Indian or Native American Origin or Manufacture. No product sold on this website, or by any of ECOSTONE USA, is Indian produced, an Indian product, or the product of a particular Indian, Indian tribe, or Indian arts and crafts organization, resident in the United States or abroad.
Quantity Limits and Dealer Sales
Reviews, Comments, Communications, and Other
User Content
If you do post content or
submit material, submit suggestions, ideas, comments, questions, or other
information, the content must not be illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable or consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of such content. ECOSTONE USA reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review
posted content.
By placing material on
ECOSTONE USA web sites, including but not limited to posting content or
communications to any ECOSTONE USA bulletin board, forum, blogspace, message or
chat area, review space, or posting text, images, audio files or other
audio-visual content to the site (“User Content”), you represent and warrant:
(1) you own or otherwise have all necessary rights to the User Content you
provide and the rights to provide it under these Terms of Service and, (2) the
User Content will not cause injury to any person or entity.
For all User Content you post, upload or otherwise make available (“Provide”) to ECOSTONE USA web sites, you grant ECOSTONE USA, its affiliates and related entities, including the ECOSTONE USA site the content was submitted to and its affiliated sites a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store and create derivative works from such User Content, in any form, format, or medium of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize ECOSTONE USA to share the User Content across all web sites, advertisements, media and other medium, affiliated with ECOSTONE USA, to include the User Content in a searchable format accessible by users of ECOSTONE USA web sites, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to ECOSTONE USA web sites. You also grant ECOSTONE USA the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. You grant ECOSTONE USA and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ECOSTONE USA for all claims resulting from content you supply. ECOSTONE USA has the right but not the obligation to monitor and edit or remove any activity or content. ECOSTONE USA takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from ECOSTONE USA are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.Sales tax
We do not charge for sales tax outside of Ohio. Only orders shipped to Ohio
will be subject to a 8% sales tax. For all other states imposing sales or use
taxes, your purchase is subject to use tax unless it is specifically exempt
from taxation. Your purchase is not exempt merely because it is made over the
Internet or by other remote means. Many states require purchasers to file a
sales/use tax return at the end of the year reporting all taxable purchases
that were not taxed and to pay tax on those purchases.Site Policies, Modification, and Severability
Please review our other policies posted on this site, e.g. security &
privacy policy, shipping policy, return policy, special order policy, FAQ page,
and how to install page. These policies also govern your visit to this and all
other ECOSTONE USA websites. ECOSTONE USA reserves the right to update or
modify these terms, conditions, and policies at any time without prior notice.
Your use of the ECOSTONE USA web site following any such change constitutes
your unconditional agreement to follow and be bound by the terms, conditions,
and policies as changed. For this reason, we encourage you to review these
terms, conditions, and policies whenever you use this web site.Trademarks
ECOSTONE USA graphics, logos, page headers, button icons, scripts, and
service names are trademarks, registered trademarks or trade dress of ECOSTONE
USA in the U.S. and/or other countries. ECOSTONE USA trademarks and trade dress
may not be used in connection with any product or service that is not ECOSTONE
USA’s, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits ECOSTONE USA. All other trademarks not
owned by ECOSTONE USA that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by ECOSTONE USA.Additional terms and condtions for
concrete-based and gypsum-based products
Article 1: Surface roughness
and inclusion of air
The production methods used
can result in the inclusion of air or insufficiently filled surfaces. For so
far as these do not lead to a substantial deviation from the outer measurements
or the surface, the product is not considered as faulty and no claims are
possible.
Article 2: Quality
The entire consignment or a
type of product in the consignment, to which the other party has made an
objection, must until ECOSTONE USA has looked into these objections - be left
in the state of arrival, unsorted, unused and unprocessed.
Article 4: Size and colour
The products are produced
using natural materials whereby colour differences can occur. You must
therefore take this into account when ordering and using the product. It is
advised to mix and check products from different boxes before use. After use no
claims are possible.
Article 5: White efflorescence
Because of climatic
circumstance white chalk efflorescence can occur on the surface of cement-based
materials. This in no way negatively affects the quality of the product. Over
the course of time this efflorescence will disappear again because of the same
climatic circumstances. Claims based on this white efflorescence are not
possible.