Carbon & Fiberglass Sales :: Terms & Conditions

Terms & Conditions

TERMS & CONDITIONS
Welcome to Carbon & Fiberglass Sales, hereinafter referred to as “CFS”. CFS and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at carbonsales.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future CFS service or business (e.g., Profile, Wishlist, etc.) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY
Please review our Privacy Notice, which also governs your visit to carbonsales.com, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit carbonsales.com 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.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CFS or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CFS and protected by U.S. and international copyright laws. All software used on this site is the property of CFS or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
CARBON & FIBERGLASS SALES, CARBONSALES.COM, CARBONSALES, CFS, and other carbonsales.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of CFS in the U.S. and/or other countries. CFS's trademarks and trade dress may not be used in connection with any product or service that is not CFS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CFS. All other trademarks not owned by CFS 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 CFS.

LICENSE AND SITE ACCESS
CFS 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 CFS. 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, 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 CFS. 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 CFS without express written consent. You may not use any meta tags or any other "hidden text" utilizing CFS's name or trademarks without the express written consent of CFS. Any unauthorized use terminates the permission or license granted by CFS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of carbonsales.com so long as the link does not portray CFS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CFS logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CFS sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use carbonsales.com only with involvement of a parent or guardian. CFS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not 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 a card or other content. CFS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant CFS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CFS and sublicensees 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 CFS for all claims resulting from content you supply. CFS has the right but not the obligation to monitor and edit or remove any activity or content. CFS takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS
All items purchased from CFS 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.

PRODUCT DESCRIPTIONS
CFS attempts to be as accurate as possible. However, CFS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by CFS itself is not as described, your sole remedy is to return it in unused condition.

PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by CFS, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by CFS.

RETURN POLICY
Returns will be accepted within 30 days of purchase. Special orders, closeouts or cut goods are not returnable. Full rolls may be returned. Returned items must be unused, not tampered with and in original packaging/box. CFS reserves the right to impose a 20% restocking charge (minimum $10.00) on returned orders. Refunds/exchanges will only be given after product has been returned and inspected by our warehouse staff. Returns paid by credit card will be credited to the customers credit card (less restocking charge). Contact customer service for MRA # (Merchandise Return Authorization) at 909-237-5039, or e-mail us for details.

LIMITED WARRANTY AND LIABILITY
CFS (hereinafter referred to as “Seller”) sells goods that may have been repackaged or are within original manufacturer packaging. In either case, the following applies: Limited Warranty and Remedy: Seller warrants to buyer, for a period of 90 days from the date of manufacture, that goods delivered herein are free from defects in materials and workmanship. If, during such period, Buyer promptly notifies Seller in writing of any breach of such warranty and complies with any applicable warranty procedures of seller, Seller shall replace any defective goods or refund the price of the goods that gives rise to the claim. Seller shall make no allowances for repairs or alterations made by Buyer, unless made with Seller’s prior written consent. The foregoing shall represent the sole and exclusive remedy of the buyer and the full liability of the Seller for any breach of warranty. The foregoing is exclusive and in lieu of all other warranties, whether written or implied, including any warranty of performance, merchantability, or fitness for purpose, and supersedes and excludes any oral warranties or representations, or written warranties or representations not expressly designated in writing as “Warranty” or “Guarantee” of seller, made or implied in any manual, literature, advertisement, brochure, web site or other materials.

LIMITATION OF SELLER'S LIABILITY
Seller’s liability on any claim of any kind, including negligence, with respect to the goods covered hereunder, shall, in no case, exceed the price of goods which gives rise to the claim. In no event shall seller be liable for special, incidental, or consequential damages, or for damages in the nature of penalties.

LIMITATIONS OF ACTIONS
Any action for any loss or damage with respect to the goods covered hereunder must be commenced by Buyer within one year after Buyer’s cause of action has occurred.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CFS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CFS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CFS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CFS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM CFS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CFS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting carbonsales.com, you agree that the laws of the state of Hawaii, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CFS.

DISPUTES
Any dispute relating in any way to your visit to carbonsales.com or to products or services sold or distributed by CFS or through carbonsales.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Maui County, Hawaii, and you consent to exclusive jurisdiction and venue in such courts.
 
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to carbonsales.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS
    Carbon & Fiberglass Sales (CFS)
        http://www.carbonsales.com