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Terms of Service

1. Introduction:

These terms and conditions of sale govern the sale of materials by Home Tile Center of NY (hereafter referred to as “HOME TILE CENTER OF NY” or "HOME TILE CENTER") to the customer named below (“Customer”).

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2. Claims and Warranty:

To be considered for credit, the customer must verify the material immediately upon delivery and report any product damage or discrepancy to HOME TILE CENTER OF NY within 24 hours of delivery, before installing, cutting, or otherwise altering the material. 

 

Upon delivery of order please inspect the product for damages during shipping. All damages must be noted on the delivery receipt if there is any damage to the product. Photo documentation must be provided. Please report any product damage or discrepancy to HOME TILE CENTER OF NY within 24 hours of delivery, before installing, cutting, or otherwise altering the material. 

 

Upon delivery/receipt, examine the amount, color, shading, quality, finish, thickness, bevel, and correctness of the material. Since natural stone is a natural product, no two pieces are identical. Fossils, shading, veins, pits, and fissures variations are all natural stone characteristics. Porcelain, pottery, metal, and glass are all man-made, but there are differences from one batch to another. Crushing, felting, pilling, flaking, fluffing, shading, soiling, and watermarking of carpet piles are not considered manufacturing defects and claims will not be considered. Due to the dyeing process, there may be some color difference between the sample and the finished product.

 

3. Warranty Voided:

Always examine the Product, Tile or Stone PRIOR to installation. Adjustments cannot be made once the product, tile or stone has been installed. Installation constitutes acceptance of materials. We will not be held responsible for costs associated with removing or reinstalling materials. Install from a few boxes of each color at a time to ensure an optimal blend from the production run. Observe all product, tile & stone installation standards. These protocols are specific to types of materials (tile, glass, stone, etc.) & to the conditions on the jobsite.

 

After the material has been cut, changed, or placed, HOME TILE CENTER OF NY will not accept claims for any reason. Prior to installation, the customer must dry-lay all goods. Natural stone goods should also be sealed with a high-quality penetrating sealer, according to the sealant manufacturer's specifications. HOME TILE CENTER OF NY does not provide a sealer but do sell the product separately. Specific installation queries or concerns should be directed to an installation specialist. HOME TILE CENTER OF NY disclaims all liability for improper installation.

 

4. Prices may be changed at any time without further notice:

We reserve the right to change our product's prices at any time without further notice. However, if you have ordered but not yet paid for a product, we guarantee the price for 7-days from when the order was placed. We sell our products through several different online channels, and we cannot always control when they are updated. We reserve the right not to accept a price listed on a site other than our own. All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs, and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personnel or real or personal property or other assets.

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5. Payment:

Refer to the payment conditions mentioned in the Special Order Agreement if your order is a special order item. For products that are in regular supply:

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  • You will be notified of any changes prior to the processing of your order. In the event of a price increase, Buyer cannot cancel any undelivered portion of any order.

  • Customer reports any discrepancies on the invoice to HOME TILE CENTER OF NY within 30 calendar days of the invoice date. If the customer does not report any deviations within 30 days, the invoice is considered accepted and fully due.

  • Customer must remit payment to HOME TILE CENTER OF NY's address printed on the invoice.

  • In the case of partial delivery, either at the instigation of HOME TILE CENTER OF NY or the customer, partial payment may be made following a written agreement.

  • Payments are accepted by cash, Direct Bank Transfer, company check, Visa, Credit Card payments or Online Payments.

 

6. Incorrect/Late Payments:

  • If HOME TILE CENTER OF NY needs to take legal action on past due accounts, the customer is responsible for all collection charges, including attorney's fees, court costs, and post judgment interest.

  • Customer shall pay interest on all late payments at the lesser of the rate of 5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. All delinquent accounts will incur interest at a rate of 5 % per month. (6A)

  • In addition to all other remedies available under these Terms and Conditions or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Products if Buyer fails to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof.

  • There is a $50 fee for returned checks. HOME TILE CENTER OF NY has the right to request a bank check, credit card or certified check as a replacement payment.

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6A. Overdue-Payment Policy

  • Due to inflation, we are introducing an overdue-payment policy going forward. As per our terms, any account that is 45 days past due will incur a monthly interest fee of 5%. This policy is in place to help us manage our accounts effectively and continue providing you with the high-quality products and services you expect from us. We accept Zelle and alternative forms of payment to avoid this interest charge. We encourage you to review your account status and make any necessary payments to avoid this interest charge. If you have any questions or need assistance regarding your account, please do not hesitate to reach out to us. Our team is here to help you.

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7. Retains:

HOME TILE CENTER OF NY retains materials for 7 business days. HOME TILE CENTER OF NY will automatically release the material after 7 business days unless the customer submits a signed purchase order.

 

8. Ordering Process:

  • Customer must call HOME TILE CENTER OF NY or email to onlinesales@hometilecenterofny.com to verify stock availability and current price of material.

  • Customer emails a purchase order to HOME TILE CENTER OF NY.

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HOME TILE CENTER OF NY will not accept verbal or email orders without an attached purchase order from the customer.

 

  • Customer needs to guarantee that their purchase orders include Customer's company name, billing address, shipping address, contact and telephone, material data (item number, name, size and finish), quantity, unit of measure, price, detailed delivery directions, including shipping date and payment terms.

  • HOME TILE CENTER OF NY will email confirmation to Customer; Customer will assess this conformation for accuracy. HOME TILE CENTER OF NY will process Customer’s purchase order in no less than 24 hours.

  • HOME TILE CENTER OF NY will hold purchase orders with delay purchased item(s) until the put in a raincheck for item(s) become accessible except if Customer teaches HOME TILE CENTER OF NY through email or fax to independently send supplied material. Once put in a raincheck for item(s) become accessible, ordinary request handling strategies will apply.  

  • If orders go over HOME TILE CENTER OF NY's normal stock levels they may be treated as a Special Order, 50% deposit required before arrangement of request. Funds receivable when the request is ready, before shipment. Special Order goods cannot be dropped or returned.

 

9. Shipments and Storage:

  • Customer will have 30 days from the day the materials have arrived at HOME TILE CENTER to finish the order and pick up the materials or approve HOME TILE CENTER OF NY to transport the materials to Customer.

  • HOME TILE CENTER OF NY shall retain a general lien on any such materials for any sums due from Customer on any account whatsoever, including storage charges and other fees incurred until such sum has been paid. If HOME TILE CENTER OF NY is storing such materials and Customer fails to pick-up or permit HOME TILE CENTER OF NY to transport the materials for more than 60 days following the Availability Date, then HOME TILE CENTER OF NY may sell the goods and use the proceeds to recoup any such sums due and return to the Customer any balance of the proceeds of such sale remaining (without any interest due on the same). HOME TILE CENTER OF NY may also bring suit for delinquent sums and charges without first exercising its right to sell.

  • HOME TILE CENTER OF NY is not responsible for cargo costs, except if the request is a Special Order with various delivery terms framed in the Special-Order Agreement.

  • Select products, tiles and stone are only sold in full cartons. Any opened Cartons with missing pieces will not be accepted

 

10. Returns:

  • All claims and returned goods must be pre-authorized by HOME TILE CENTER OF NY.

  • HOME TILE CENTER OF NY will only accept returns of stocked items. Special orders will not be allowed for returns.

  • HOME TILE CENTER OF NY will not accept any returns without an accompanying Return Approval Form. HOME TILE CENTER OF NY will determine final credit upon receipt and inspection. Please note that any returns that arrive damaged back to HOME TILE CENTER OF NY will not be credited to the dealer.​

  • A 25% restocking fee applies to all returns. Exceptions Apply (Such as Wrong item sent, Item arrived Damaged or Missing items.)

  • HOME TILE CENTER OF NY will not accept any returns freight collect. Returns must be freight prepaid by Customer.

  • Returns will not be accepted after 30 days from the invoice date.

  • Materials returned must be in resalable condition and with the original packaging intact and undamaged. Grout and other installation materials will not be accepted for returns or exchanges. 

 

10a. Exchanges:

  • HOME TILE CENTER OF NY does not offer exchanges of any kind. All sales are final. If you need a return, please read our return policy and disclaimer. 

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Returns Disclaimer:

HOME TILE CENTER OF NY will not accept claims for any reason after the material has been cut, modified or installed. Neither HOME TILE CENTER OF NY nor the manufacturer shall have any responsibility for damage to property or for personal injury resulting from or related to the installation process. HOME TILE CENTER OF NY disclaims any and all representations and warranties regarding the suitability of the product for its intended use or the accuracy of measurements. Please read all HOME TILE CENTER OF NY manufacturer’s instructions with care before beginning installation.

 

These instructions are considered a guide, to help prevent problems caused by errors in installation. The instructions should not be considered complete. Many details of installation are learned through experience and general construction knowledge, which we cannot provide. The installation guidelines are intended to be recommendations only, and they are not intended to serve as a step-by-step installation checklist. Selection of an experienced installer is the Customer’s sole responsibility. The Customer should consult with a professional installer to determine the best installation procedure for their project. Installers should refer to the most current industry standards and specifications for installation. The Customer assumes all risks of loss or damage in connection with the installation and use of the surface covering product.

 

12. Returns Authorization Process:

  • Call HOME TILE CENTER OF NY to get a return approval.

  • HOME TILE CENTER OF NY will finish a Return Authorization Form.

  • After looking into the order, HOME TILE CENTER OF NY will email the Customer either approving or declining Customer’s return.

12a. Cancellation Policy 

  1. Cancellation Timeframe: Customers are eligible to cancel their orders for building tools and supplies within 24 hours of placing the order or before the order ships. After this timeframe, cancellation requests may not be accommodated due to order processing and fulfillment procedures.

  2. Cancellation Process: To initiate a cancellation, customers must contact our customer service team by phone or email and provide the order details, including the order number and relevant information. Our customer service representatives will guide you through the cancellation process and address any concerns or questions you may have.

  3. Refund Policy: Once a cancellation request is received within the stipulated timeframe, we will process the refund as per our refund policy. The refund will be issued to your account. Please note that it may take several business days for the refund to be reflected in your account. 

  4. Restocking Fee: In some cases, cancellation requests for building tools and supplies may be subject to a restocking fee. This fee covers the costs associated with processing and restocking the items. The restocking fee will be deducted from the refunded amount. Our customer service team will inform you of any applicable restocking fees during the cancellation process.

  5. Non-Cancellable Items: Certain building tools and supplies may fall under the category of non-cancellable items due to their nature or customization. Such items include personalized or made-to-order products. These items are exempt from cancellation requests once the order has been confirmed. Our customer service team will provide you with information on whether your specific order contains non-cancellable items.

  6. Order Modifications: If you need to modify your order for building tools and supplies, such as changing quantities or adding/removing items, please contact our customer service team within 24 hours of placing the order. We will do our best to accommodate your modification request, but please note that it may not always be possible depending on the order processing stage.

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We highly recommend reviewing your order details carefully before finalizing your purchase to ensure accuracy and minimize the need for cancellations or modifications.

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Please note that this cancellation policy is subject to change without prior notice. We encourage customers to check our website or contact our customer service team for the most up-to-date information regarding cancellations and related policies.

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13. Online Sales:

HOME TILE CENTER OF NY does not allow organizations other than HOME TILE CENTER OF NY to sell our items on the web, or at any costs for our items to be recorded online other than on HomeTileCenterofNY.com. This shields our client network from consumers price shopping and safeguards the value of the HOME TILE CENTER OF NY items. Online pricing differs.

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14. Accessibility

  1. Accessibility Standards: We adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the benchmark for our website's accessibility. These guidelines are developed by the World Wide Web Consortium (W3C) and provide recommendations for making web content more accessible to individuals with disabilities.

  2. Accessibility Features: We have implemented various accessibility features on our website to enhance user experience for individuals with disabilities. These features include, but are not limited to:​​

    • Clear and consistent structure: We use headings, lists, and other structural elements to organize content in a logical and consistent manner, facilitating screen reader navigation.

    • Color contrast: We ensure sufficient color contrast between text and background elements to improve readability for users with visual impairments.

  3. Ongoing Improvements: We are committed to continually improving the accessibility of our website. We regularly review our site's performance, conduct accessibility audits, and implement necessary updates to address any identified accessibility issues. We also encourage feedback from users to help us identify areas for improvement.

  4. Third-Party Accessibility: While we strive to ensure accessibility on our website, it is important to note that some third-party content or applications integrated into our site may be beyond our immediate control. We work closely with these third-party providers to encourage accessibility compliance and ensure their services align with our accessibility standards.

  5. Feedback and Assistance: We value your input and encourage you to provide feedback on the accessibility of our website. If you encounter any accessibility barriers or have suggestions for improvement, please contact us using the information provided below. We will make every effort to address your concerns and accommodate your needs.

 

15. Entire Agreement:

HOME TILE CENTER OF NY and Customer acknowledge that these Terms (1) set forth the entire agreement and understanding between the parties with respect to the sale of goods by HOME TILE CENTER OF NY, (2) fully replace and supersede any prior understanding, promises or agreement between the parties with respect to the sale of goods by HOME TILE CENTER OF NY, and (3) govern all sales of goods from HOME TILE CENTER OF NY to Customer. Notwithstanding the foregoing, HOME TILE CENTER OF NY and Customer agree that these Terms shall not supersede or replace HOME TILE CENTER OF NY “Special Order Agreement”, which, if executed, shall supplement these Terms with respect to special orders. In the event of a conflict between these Terms and the terms of a “Special Order Agreement”, the terms of the “Special Order Agreement” shall control with respect to special orders.

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Anti-Discrimination Policy

It is the policy of HOME TILE CENTER OF NY to uphold a safe working and learning environment free of all forms of discrimination. HOME TILE CENTER OF NY does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of training and technical services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients' volunteers, subcontractors, vendors, and students. HOME TILE CENTER OF NY is an equal opportunity employer and does not discriminate base on gender. race, national origin, religion, creed, age, marital status, sexual orientation, or disability.

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