TERMS OF ONLINE SALE OF GOODS & SERVICES
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.DoorClearanceCenter.com (the “Site”). These Terms are subject to change by Door Clearance Center (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. Please review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
(a) THESE TERMS APPLY TO ANY PURCHASE IN CONNECTION WITH A PURCHASE ORDER ACCEPTED BY DOOR CLEARANCE CENTER AND ANY PURCHASE ORDER THAT REFERENCES THE TERMS AND CONDITIONS OF DOOR CLEARANCE CENTER. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCEPTANCE BY DOOR CLEARANCE CENTER OF ANY PURCHASE ORDER IS LIMITED TO AND SUBJECT TO THESE TERMS. YOU AGREE THAT ANY SUPPLEMENTAL, ADDITIONAL OR VARYING TERMS, CONDITIONS, LIMITATIONS OF LIABILITY OR REPRESENTATIONS OR WARRANTIES PROPOSED BY YOU IN ANY WRITTEN OR ORAL COMMUNICATION WHETHER BY QUOTE, PURCHASE ORDER, ACCEPTANCE, OR DELIVERY DOCUMENT SHALL NOT BE BINDING AND ARE EXPRESSLY REJECTED BY DOOR CLEARANCE CENTER. ANY REVISION OR ADDITION TO THESE TERMS MUST BE IN WRITING AND MUST BE SIGNED BY AN AUTHORIZED SIGNATORY OF DOOR CLEARANCE CENTER IN ORDER TO BE VALID. YOUR EXECUTION OF ANY PURCHASE ORDER IN CONNECTION WITH DOOR CLEARANCE CENTER IS DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS.
(b) BY ORDERING PRODUCTS OR SERVICES FROM THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE AND LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.
2. Order Acceptance and Cancellation; Changes.
(a) You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
(b) After purchasing, order changes must be made within 24 hours. Changes made to orders may result in unexpected delays. We are unable to change orders after 24 hours without additional fees. If purchasing pre-hung doors, please double check the door handing, as this is sometimes confusing for first time customers.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards including American Express, Discover, JCB, MasterCard, and Visa for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) Once complete, your order will be shipped ground via a truck freight company. Please see our Shipping Guide and FAQs for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. After the order ships, you will be contacted by the freight company to schedule a delivery time. The freight company will arrive with the door unit curbside to your home or job site. At time of delivery, several people or a forklift will be needed on site to move the door, perhaps even unpacking to remove off the truck. It is your responsibility to move, unpack and install the door unit. You are responsible for determining if your shipment has suffered in-transit freight damage.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Acceptance; Returns and Refunds.
(a) If your doors are unfinished, then you must finish them within 48 hours of receipt, following the manufacturer’s instructions on door finishing.
(b) We choose our shipping carriers carefully, and we work with them to ensure you’re happy with your order. When your shipment arrives, inspect it as carefully as possible. Keep your smartphone handy. If damage is clearly visible, take pictures, and reject the shipment. Contact us immediately and we’ll work with you to resolve any issues. Take time to ensure you’ve carefully chosen the correct door style, finish, and handing. In order to allow us to keep bringing you great deals and incredible prices, we do not accept returns for items that match order specifications. Please see our FAQs for additional details on returns and refunds.
6. Warranty and Disclaimers.
(a) A-GRADE NEW DOORS ARE WARRANTIED FOR ONE (1) YEAR FROM THE DATE OF PURCHASE. FOR WARRANTY PURPOSES, DOORS MUST BE INSTALLED BY A LICENSED CONTRACTOR. CLEARANCE AND SCRATCH’N’DENT DOORS ARE SPECIALLY PRICED AND SOLD “AS IS” WITH NO WARRANTIES EXPRESS OR IMPLIED. WE FULLY DISCLAIM ALL OTHER WARRANTIES NOT EXPRESSLY LISTED, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(b) Products not manufactured by us are covered by the manufacturer’s warranty as detailed in the product’s description included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
9. Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
11. Waiver of Jury Trials and Binding Arbitration.
(a) YOU AND DOOR CLEARANCE CENTER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11, or any other arbitral institution mutually agreed on by all parties. (The AAA Rules are available at https://www.adr.org/ or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Door Clearance Center.
14. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
(a) To You.
We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us.
To give us notice under these Terms, you must contact us as by personal delivery, overnight courier or registered or certified mail to Door Clearance Center, 11123 Beltline Rd Suite 100, Houston, TX 77067. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement.