These Terms of Sale ("Terms") govern the purchase and sale of products and services ("Goods") from H&P Building LLC ("Seller" or "we") to customers ("Buyer" or "you"). By placing an order or making a purchase from our online store, you agree to be bound by these Terms. Please read them carefully before proceeding with your purchase.
Orders and Customization
Order Placement: All orders must be placed through our online store or via communication channels provided by us. By placing an order, you are making an offer to purchase the Goods subject to these Terms.
Customized Orders: As manufacturers, we specialize in providing customized orders tailored to the specific needs of our customers. Customization details, including specifications, design, dimensions, materials, and any other relevant requirements, should be clearly communicated to us at the time of placing the order.
Order Acceptance: We reserve the right to accept or reject any order in our sole discretion. Once your order is accepted, we will provide you with an order confirmation that includes the details of your purchase. This confirmation does not signify our acceptance of any additional or conflicting terms provided by you.
Changes and Cancellations: Changes or cancellations to an order may be accommodated if requested promptly and agreed upon by both parties. However, once production has started on a customized order, changes or cancellations may not be possible, and additional fees may apply.
Pricing and Payment Pricing: The prices for the Goods are stated on our online store and are subject to change without prior notice. All prices are in US dollars and do not include applicable taxes, shipping, handling, or other charges, unless otherwise specified.
Payment: Payment for the Goods and any associated charges must be made in full at the time of placing the order, unless alternative arrangements have been agreed upon in writing between the Buyer and Seller. We accept various payment methods, which will be specified on our online store.
Taxes: The Buyer is responsible for any applicable federal, state, or local taxes, duties, or other governmental assessments imposed on the purchase of Goods, including sales tax, unless a valid exemption certificate is provided.
Shipping and Delivery
Shipping Methods: We will make commercially reasonable efforts to deliver the Goods in a timely manner using the shipping method selected by the Buyer during the checkout process. Shipping costs will be calculated and added to the total order amount.
Title and Risk of Loss: Title to the Goods and the risk of loss or damage passes to the Buyer upon delivery of the Goods to the carrier. We are not responsible for any delays, loss, or damage that may occur during transit.
Delivery Delays: While we strive to meet estimated delivery dates, any delivery timeframes provided are approximate and not guaranteed. We are not liable for any delays or damages arising from events beyond our reasonable control, such as acts of nature, transportation disruptions, or unforeseen circumstances.
Inspection upon Delivery: Upon receiving the Goods, the Buyer should promptly inspect them for any damage or defects. Any issues should be reported to us within [number of days] from the date of delivery. Failure to report damages or defects within this timeframe may affect your ability to receive a refund or replacement.
Returns and Refunds
Return Policy: We take pride in the quality of our Goods. If you receive a defective or damaged item, please contact us within [number of days] from the date of delivery to initiate a return or exchange. Customized orders, however, may not be eligible for return or refund unless the Goods are faulty or do not meet the agreed-upon specifications.
Refunds: Once we receive and inspect the returned Goods, we will determine eligibility for a refund. Refunds will be issued using the same payment method used for the original purchase, and any applicable shipping charges are non-refundable.
Restocking Fees: In certain cases, a restocking fee may be applied for returned Goods that are not defective or damaged. The restocking fee, if applicable, will be communicated to you prior to processing the return.
Warranty Coverage: We provide a limited warranty on our Goods against defects in materials and workmanship under normal use for a period of [number of days/years]. The warranty period starts from the date of delivery.
Warranty Exclusions: The warranty does not cover damages or defects resulting from improper use, negligence, unauthorized modifications, accidents, or normal wear and tear. The warranty is also void if the Goods have been subjected to improper installation, maintenance, or repair by parties other than our authorized representatives.
Warranty Claim: To make a warranty claim, please contact us with a detailed description of the issue and any supporting evidence. We reserve the right to request the return of the defective Goods for inspection.
Warranty Remedies: If a warranty claim is deemed valid, we will, at our discretion, repair, replace, or provide a refund or credit for the defective Goods. The determination of the appropriate remedy will depend on the nature of the defect and the availability of replacement parts.
International Terms of Sale
The following terms and conditions govern the sale and shipment of products ordered from the website of H&P Building LLC (hereinafter referred to as "the Company") that are shipped internationally.
Currency and Payment:
Orders placed on the website are conducted in US Dollars and processed through our international payment gateway. Your credit card will be charged in US Dollars and will appear on your statement as "H&P Building LLC" or with a relevant payment processor name. Please note that you may incur foreign currency exchange fees applied by your bank or credit card issuer. These fees are not included in the price of your order on the website and are the customer's responsibility. Kindly review your cardholder agreement in advance of placing an order.
Shipping and Delivery:
Your order will be shipped by ground transport from the Company's distribution facilities to our designated international shipping partner, who will handle all documentation for the import of the items to your destination address. The shipment will be delivered by a reputable international carrier, such as DHL, unless otherwise specified during checkout. All import duties and taxes will be prepaid, unless otherwise noted. Please be aware that no additional fees will be charged beyond what was collected at checkout on the website, excluding any exchange fees as mentioned in item #1 above.
Electrical and Electronic Products:
Please note that all electrical (e.g., light fixtures, lamps, kitchen appliances) and electronic items, including telephone and telephony accessories, are intended for use with U.S./North American electrical standards. Before placing an order, please ensure that you are capable of using these standards in your country. While some products may be compatible with adapters or convertible for use in different countries, we cannot guarantee the functionality of any electrical or telephony products in any specific country.
Not all items available on the website are eligible for export. During the checkout process, you may receive a warning if a specific item has been removed from your cart due to export restrictions. These restrictions may arise from manufacturer's licensing agreements or import control regulations in your country. Each item available for international shipment will be marked with an icon stating "International Shipping Available."
If you have any questions or require further clarification, please contact our customer support team before proceeding with your order
Limitation of Liability
Exclusion of Consequential Damages: In no event shall H&P Building LLC be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the purchase or use of the Goods, including but not limited to lost profits, lost revenue, or loss of data.
Total Liability: Our total liability, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the total amount paid by the Buyer for the specific Goods giving rise to the claim.
At H&P Building LLC, we take utmost care to ensure that all items are thoroughly inspected for any damage prior to packaging them for export. However, in the unlikely event that damage occurs during the transportation to the international carrier, we have a process in place to address it promptly.
If damage is encountered during the transport to the international carrier, our team will contact you immediately to inform you of the delay. Rest assured that a replacement item will be sent out to the international carrier without any delay.
In the event that your order arrives with damage resulting from international transport, we kindly request that you notify us within 24 hours of delivery. To initiate a damage claim, please contact us via email with the subject line "Damage Claim." In your email, please include your name and order number to help us facilitate your claim process efficiently.
We understand the importance of resolving any damage issues as quickly as possible, and we will do our best to assist you in the process. Our dedicated customer support team is here to ensure your satisfaction with our products and services.
Information We Collect:
Personal Information: When you make a purchase or interact with our website, we may collect personal information such as your name, email address, shipping address, and payment details. This information is necessary to process your orders and provide you with the products and services you request.
Non-Personal Information: We may also collect non-personal information, such as your IP address, browser type, device information, and website usage data. This information is used to improve our website, analyze trends, and enhance your browsing experience.
Use of Information:
Order Processing: We use your personal information to process your orders, arrange for shipping, and provide you with customer support.
Communication: We may use your email address to send you order updates, promotional offers, newsletters, or other relevant information. You have the option to unsubscribe from these communications at any time.
Custom Clearance: For international orders, we may share order details, including product information, quantities, and cost, with customs authorities to facilitate customs clearance into your country.
We implement appropriate security measures to protect your personal information and maintain its confidentiality. However, please note that no data transmission over the internet or electronic storage method is 100% secure, and we cannot guarantee absolute security.
We may use third-party services, such as payment processors and shipping providers, to facilitate the purchase and delivery of your orders. These third parties have their own privacy policies and practices, and we recommend reviewing their policies before providing any personal information.
Cookies and Tracking Technologies
Our website and services are not directed towards individuals under the age of 18. We do not knowingly collect personal information from children. If you believe that we have inadvertently collected information from a child, please contact us, and we will take appropriate steps to remove that information from our records.
Please be aware that the terms and conditions outlined below apply to all international orders processed using a credit card.
Kindly take note that the purchase you are about to make will be conducted H&P Building LLC. The billing on your credit card or other payment method will reflect H&P Building LLC
The vendor, operating through their website (referred to as the "Website"), H&P Building LLC for all international sales. Consequently, any purchases made from the Website with a shipping address outside of the United States will be considered as purchases made from H&P Building LLC By proceeding with a purchase from H&P Building LLC & clicking on the "Agree and Continue" button during the checkout process, you are indicating your acceptance and agreement to abide by these specified terms and conditions
Purchase Made from H&P Building LLC, not a Third-Party Vendor. Due to the cost and complexity of international shipping, customs clearance, and applicable tax and duty rules and regulations, H&P Building LLC has partnered with a fulfillment service to handle international sales made through the website. Therefore, purchases made on the website will be directly from H&P Building LLC. The fulfillment service will assist in purchasing the product from H&P Building LLC and arranging for delivery to your international address.
Payment Processing. By purchasing a product listed on the website, you are instructing H&P Building LLC to sell the product to you at the purchase price agreed upon during the final stage of the checkout process (the "Purchase Price"). The "Purchase Price" provided to you will be inclusive of all applicable shipping, customs and brokerage costs, import duties, customs, and taxes. Any surcharges or additional fees from your credit card, banking, or other payment processing entity will not be included in the "Purchase Price" and will be solely your liability. H&P Building LLC reserves the right to delay payment processing for suspicious transactions, cases of potential fraud, misconduct, violation of applicable law, these Terms and Conditions, or other relevant H&P Building LLC policies, as determined at its sole discretion. By providing your payment information, you authorize the charge or debit to your credit card or another payment method as necessary to pay H&P Building LLC the "Purchase Price." You also authorize the crediting to your credit card or another payment method in connection with reversals, refunds, or adjustments.
Payment Authorization, Fraud Prevention. You authorize H&P Building LLC to verify that your credit card or another payment method is in good standing with the issuing financial institution. This may involve submitting a request for payment authorization and/or a low dollar credit and/or debit to the credit card or other payment method, in accordance with the relevant entity's procedures. Additionally, you authorize H&P Building LLC to contact you or your credit card or other payment method entity to verify your identity and perform other fraud prevention-related inquiries. By agreeing to these Terms and Conditions, you confirm that you are either 18 years old or older, or you are not considered a minor according to applicable laws, rules, or regulations, and you have the legal capacity to enter into a binding agreement. H&P Building LLC reserves the right to refuse your preferred method of payment, refuse to sell products to you from the website or any other vendor's website, or cancel any orders you make or have made, at its sole discretion.
Transfer of Title. The title to products purchased from H&P Building LLC shall transfer to you at the time H&P Building LLC transfers the products to a third-party shipping company for delivery to your international address.
Approval of Customs Broker. By ordering goods from the website, you hereby authorize H&P Building LLC to designate a licensed customs broker to act as your agent and carry out necessary transactions with foreign revenue authorities to clear the products you purchased through H&P Building LLC's checkout service. The customs broker will perform all applicable actions and make all payments required for customs clearance.
Return Policy. The return policy for any products purchased from H&P Building LLC will be based on H&P Building LLC's own return policy. If authorized by H&P Building LLC, the fulfillment service will assist you in the return process. H&P Building LLC or the fulfillment service will refund the actual price of the product purchased, excluding applicable financing charges and any other charges determined at the sole discretion of H&P Building LLC. Refunds will only be processed after H&P Building LLC or the fulfillment service has received the product, and H&P Building LLC has authorized the refund. Please note that H&P Building LLC will not refund the cost of international shipping to the address you provided during the purchase, and it will not refund any duties or taxes paid on the product. If you wish to request a refund of duties or taxes, you must make the request directly with the applicable authorities in your jurisdiction.
USE OF ELECTRONIC COMMUNICATIONS.
H&P Building LLC may communicate with you by means of electronic communications. You agree that H&P Building LLC may communicate with you by means of electronic communications for all matters covered in these Terms and Conditions, and for any other issues that may require communication by H&P Building LLC to you. Electronic communications shall be deemed received by you when H&P Building LLC sends the electronic communication to the email address you provided at the time of checkout or as revised by you, or when H&P Building LLC posts the electronic communication on the H&P Building LLC website. For those communications or records that H&P Building LLC is otherwise required under applicable law to provide in a written paper form to you, you agree that H&P Building LLC may provide such communications or records by means of electronic communications.
When you use H&P Building LLC's checkout service, H&P Building LLC collects information about each transaction, including the transaction amount, a description provided by the seller of the goods or services being purchased, the Vendor, the website, and the type of payment used. This information is used in aggregate, without customer name or credit card information, for internal analysis and to improve the services provided by H&P Building LLC.
You agree to indemnify, defend, and hold harmless H&P Building LLC, its subsidiaries, and other affiliates, as well as its and their directors, officers, owners, agents, or other partners, employees, information providers, licensors, licensees, consultants, contractors, and other relevant third parties (collectively referred to as "Indemnified Parties") from and against any and all claims, demands, causes of action, debts, or liabilities, including reasonable attorney's fees and costs incurred by the Indemnified Parties, arising out of, related to, or which may arise from: (i) your use of our services; (ii) any breach or non-compliance by you of any term of these Terms and Conditions or any of H&P Building LLC's policies; (iii) any dispute or litigation caused by your actions or omissions; (iv) your negligence or violation or alleged violation of any law or rights of a third party; or (v) your purchase, use, or resale of any products purchased from H&P Building LLC.
DISCLAIMER OF WARRANTIES.
THE CHECKOUT SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH, OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." H&P BUILDING LLC, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS AND DIRECTORS (COLLECTIVELY REFERRED TO AS "H&P PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE CHECKOUT SERVICE OR THE CONTENT, MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE. EACH H&P PARTY DISCLAIMS WITHOUT LIMITATION ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE H&P PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
DISCLAIMER OF WARRANTY OF MERCHANTABILITY AND WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, H&P BUILDING LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY PRODUCTS PURCHASED FROM H&P BUILDING LLC. YOU AGREE THAT THE H&P PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCTS YOU PURCHASE.
Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state of Colorado, United States, without regard to its conflict of laws principles.
Dispute Resolution: Any disputes arising from or relating to the purchase of Goods shall be resolved amicably through good-faith negotiations between the parties. If a resolution cannot be reached, either party may initiate legal proceedings in the state or federal courts located in the state of Colorado.
Entire Agreement: These Terms constitute the entire agreement between the Buyer and H&P Building LLC regarding the purchase and sale of Goods and supersede any prior agreements, understandings, or representations, whether oral or written.
Severability: If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.
8.3 Waiver: The failure of either party to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.
Please note that these Terms are provided as a general template and may need to be customized to accurately reflect your business and comply with relevant local laws and regulations. It is recommended to consult with legal professionals for assistance in tailoring the Terms to your specific requirements.
631 Salida Way STE A3 80011,