Terms & Conditions
VERSATILE DESIGN STUDIO
GENERAL TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS OR SERVICES
This Agreement contains the terms and conditions that apply to customers for purchases from VersaTile Design Studio. By placing an order, a customer agrees to be bound by and accepts this Agreement as applicable to the Customer’s purchase of product(s) from VersaTile Design Studio, and/or the VersaTile Design Studio Internet Website. As a condition of sale, the Customer agrees to be bound by and accepts these terms and conditions.
SCOPE OF WORK
VersaTile Design Studio is not a contractor and does not perform or contract for the installation of any product. VersaTile Design Studio shall not assume responsibility nor shall it be liable for a contractor's work or the installation of any of its products. Absent any specific instructions, generally accepted industrial guidelines must be adhered to, including but not limited to, Tile Council of North America Handbook.
Notice: Sale of any Products or Services is expressly conditioned on Buyer’s assent to these Terms and Conditions. Any acceptance of Seller’s offer is expressly limited to acceptance of these Terms and Conditions, and Seller expressly objects to any additional or different terms proposed by Buyer. No Buyer form shall modify these Terms and Conditions, nor shall any course of performance, course of dealing, or usage of trade operate as a modification or waiver of these Terms and Conditions. Any order to purchase products or receive services shall constitute Buyer’s assent to these Terms and Conditions. Unless otherwise specified in the quotation, Seller’s quotation shall expire thirty (30) days from its date and may be modified or withdrawn by Seller before receipt of Buyer’s conforming acceptance.
“Buyer” means the entity to which Seller is providing Products or Services under the Contract.
“Contract” means either the contract agreement signed by both parties, or the purchase order signed by Buyer and accepted by Seller in writing, or acknowledged via the website, for the sale of Products or Services, together with these Terms and Conditions, Seller’s final quotation, the agreed scope(s) of work, and Seller’s order acknowledgment. In the event of any conflict, the Terms and Conditions shall take precedence over other documents included in the Contract.
“Contract Price” means the agreed price stated in the Contract for the sale of Products and Services, including adjustments (if any) in accordance with the Contract.
“Products” means the goods Seller has agreed to supply to Buyer under the Contract.
“Seller” means VersaTile Design Studio, the entity providing Products or performing Services under the Contract.
“Services” means the services Seller has agreed to perform for Buyer under the Contract.
“Site” means VersaTile.com
“Terms and Conditions” means these “General Terms and Conditions for the Sale of Products or Services”, together with any modifications or additional provisions expressly stated in Seller’s final quotation or specifically agreed upon by Seller in writing.
PRICES AND AVAILABILITY
All prices shown are Wholesale prices or specially negotiated prices with each customer and do not include destination and handling charges.
Actual prices are determined by VersaTile Design Studio and are subject to change. Certain items listed as part of our inventory herein may be discontinued or unavailable in some areas. Not all items listed herein are kept in stock for immediate delivery. The materials on the Site with respect to products and services may be out of date, and the Seller makes no commitment to update the materials on the Site with respect to such products and services.
Please check with your VersaTile Design Studio salesperson for complete accuracy of the information, availability, and delivery charges.
A 50% non-refundable deposit is required for all custom orders to begin production. (Upon signed acceptance of the estimate an invoice will be e-mailed to the customer for payment.) Payment for the remaining balance will be due upon completion of the order. Once full payment is received, Seller will release the shipment. Full payment is required in advance for all sample orders.
NOTE: Seller, VersaTile Design Studio, encourages buyers to order a sample tile or tiles for review and selection. Seeing samples will help Buyer to know what to expect and prevent any disappointments. Custom tile orders are non-refundable and non-returnable. Please note we are artisans and each tile is created individually so it is normal to expect some tonal variations of color and detail in any batch of tile. It is the nature of hand-crafted products to exhibit these qualities and characteristics. Tonal variations are not valid for claims or refunds. (Read Ordering Your Versatile Products.)
Quotes/Estimates can be accepted via email and we will respond back within 48 hours.
We asked that you please check your quote/estimate thoroughly for the correct quantity, desired design, colors, and size of the tile along with the shipping address. If there are any errors or changes please email us immediately.
Once you confirm the quote is correct, your order is sent to the accounting department for processing your deposit. After accounting, The order is placed in production. Please note that changes cannot be at that point.
ORDER ACCEPTANCE POLICY
Customer receipt of an electronic, or other forms of order confirmation, does not signify VersaTile Design Studio acceptance of the customer's order, nor does it constitute confirmation of VersaTile Design Studio's offer to sell. All orders are accepted in Phoenix, Arizona, USA.
VersaTile Design Studio reserves the right at any time after receipt of customers order to accept or decline customers orders for reasonable cause including but not limited to, lack of availability of products, failure by customer to be satisfied, payment terms, product suitability or project, and/or breach by the customer of this agreement.
If payment has been remitted for the purchase and VersaTile Design Studio cancels customer order, VersaTile Design Studio shall forthwith issue a refund equal to the amount remitted for the unaccepted or canceled order.
The customer is responsible for all sales, use, excise, value-added, duties, destination, or any other charges associated with the order. If applicable a separate charge for such items will be shown on their VersaTile Design Studio invoice.
The Site is created, operated, and controlled by VersaTile Design Studio in the State of Arizona, United States of America. As such, the laws of the State of Arizona will govern these Terms of Service without giving effect to any principles of conflicts of laws. We reserve the right to make changes to the Site and these Terms of Service at any time by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.
Except for intellectual property claims, Any controversy or claim arising out of or relating to Buyer’s purchase, or the relative rights of Buyer and Seller shall be settled by arbitration in Phoenix, Arizona in accordance with the then-existing Arizona Arbitration Code.
The arbitrators may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.
Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Legal fees, including, without limitations, reasonable attorney's fees and cost of arbitration, shall be awarded to the prevailing party in the arbitration.
Claims may only be brought by a party in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and the arbitrator or arbitrators may not consult more than one person's claim or otherwise preside over a class or representative proceeding.
Intellectual property claims not submitted for arbitration shall be brought in the federal district court for Phoenix Arizona, and the parties agree to the jurisdiction of the federal district court for Phoenix Arizona.
It is the Customer’s responsibility to provide correct contact information that allows the shipper to contact the Customer when a shipment is made. Additional storage and/or shipping charges and other warehouse charges may apply if the Customer cannot be contacted, or is not available, to receive the product; or if the product is redirected upon the Customer’s request.
If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Carrier, VersaTile Design Studio shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. The customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with FREIGHT CARRIER within 48 hours from the moment the shipment was delivered.
Customers should not refuse a shipment. In the event a shipment is refused, the order will incur additional shipping charges that the customer will be responsible for paying. Refused shipments are subject to return shipping costs and a 15% restocking fee.
VersaTile Design Studio shall not be responsible for delivery delays caused by the shipping carrier, weather, pandemic, acts of God, acts of war, strikes, accidents, border/customs delays, traffic, force majeure, natural catastrophes, or other delays which are beyond the exclusive control of VersaTile Design Studio.
Samples will be shipped via USPS, USPS, or FedEx Ground, but all orders are shipped via common carrier (LTL trucking companies). The buyer is responsible for all shipping charges.
Commercial deliveries are to a commercial address with a loading dock or forklift. Buyer operating out of a residential address is not considered commercial deliveries. All residential deliveries are curbside on a pallet only and may be subject to additional fees.
Delivery and Lead Times
Please be advised that any and all delivery dates are estimates only, VersaTile Design Studio cannot guarantee specific deadlines. VersaTile Design Studio recommends booking installation only after receipt of all the tiles and setting materials have been delivered to the Buyer’s site and reviewed completely. VersaTile Design Studio is not responsible for ANY costs of contractor fees or project-related delays.
Recommended Before Delivery
- Once the order is ready to ship and/or pickup, the Buyer will receive a call or email from VersaTile Design Studio to schedule a delivery appointment window. Failure to schedule an appointment within 24 hours from the received call can result in storage fees and/or return shipment and re-delivery costs, for which the Buyer will be responsible.
- Changing a delivery address or other re-consignment may result in fees and are collected by the third-party delivery company, the responsibility of the buyer.
- Tile will be brought off the truck via the liftgate or forklift and left curbside. It is Buyer’s responsibility to bring the tile from the curb to a secured location. Delivery drivers will not break down pallets or delivering tile inside. Keep in mind, tile is heavy, weighing as much as 50lbs per box, if not more.
- If you (the Buyer) will not be the person signing for delivery of the Buyer’s order, it is Buyer’s responsibility to provide these shipping and delivery policies to the person who will be receiving and signing for the delivery, whether it be a General Contractor, Installer, family member or another agent and to make sure these policies are followed. Versatile Design Studio is not responsible for a party not following contract policies for receiving material and any damage or missing material claims made outside of these policies.
On the Day of Delivery or Terminal Pick-Up
Tile orders may be delivered in several boxes or pallets. Take this time to open and inspect as many boxes for damage as possible before signing the delivery receipt before the delivery driver leaves. Every box must be opened and inspected thoroughly within 48 hours of delivery. Any claims must be reported within 48 hours of delivery to info@VersaTileDesign.com if any of the following conditions are identified during inspection:
- Product shortage
- Incorrect product sent
- Damaged exterior of boxes
- Damaged products
- Should shipment contain any damaged boxes or items and/or if the shipment is missing any boxes- note this carefully on BOL/Delivery Receipt. Buyer must then hand -note on BOL/Delivery Receipt to the delivery person for processing damage or missing claim.
- If Seller is not made aware of concealed damage within this 48-hour window, any potential replacement order would have to be paid by Buyer until a successful claim has been made with the freight delivery company, which can take up to 30 days. If Seller is not made aware of concealed damage within this 48-hour window and Seller cannot file a successful claim, no replacements or refunds will be processed on Buyer’s behalf by Seller.
- Do not refuse the shipment or damaged portions of the shipment. If the Buyer finds damage, missing material, or incorrect quantities, accept the shipment and note the issues in detail on the receipt with the driver. Generally, the vast majority of tiles are still usable, and only a small portion of tiles may need to be replaced. If Buyer refuses shipment due to damage, Buyer may be liable for any additional shipping fees associated with shipping the usable tile back to Seller or to the Buyer job site. Additionally, this will delay any claims and replacement orders. If damage is properly noted, the Seller can begin the process of getting replacement material to the Buyer.
- Someone must sign for and inspect the material. The correct quantity, correct material, or any damage (see Damage below) should be noted before signing for the order. Do not allow the driver to leave without signing for the material. VersaTile Design Studio must be notified immediately of any material shortage. All claims for shortage, incorrect product, or damage must be made within 48 hours and noted on” Bill of Lading”.
- *Please note - for all tile orders, 3% of the tile damaged, chipped, or scratched is acceptable. Tiles are primarily handmade, hand-glazed, and hand-packed. Slight surface issues are standard. It is reasonable to order at least 15% more than project requirements to allow for these issues, as well as installation cuts and breakage. Check with the installer on recommendations on the above verbiage.
ORDER RETURN POLICY
VersaTile Design Studio does not accept returns on any of our products to minimize inconsistencies. All material is considered a “Special Order”. VersaTile Design Studio encourages viewing multiple samples before making a complete committed order whenever possible. All claims regarding color, design, quality, or quantity must be resolved prior to installation. Freight is the responsibility of the Buyer. No claims will be accepted for any reason after installation.
VersaTile Design Studio only accepts cancellations within 24 hours of the Buyer receiving a confirmation email from us. Outside of this time frame, orders cannot be canceled.
If the Buyer is requesting cancellation of the product prior to pre-production but after sampling and/or EnVision color process), the buyer will be responsible and billed for work completed.
User-generated content UGC refers to the content added by users or visitors to the website, as opposed to content recreated by the site. All content Uploaded or posted or shared to the site by any user is UGC. We do not check UGC for appropriateness, violations of copyright, trademarks, or other rights or other violations of the terms. UGC as a part of the site is provided
By providing UGC, You grant Versatile Design Studio, its legal representatives and successors, as well as persons and companies acting with its permission, the perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, published, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
You understand that we may use your UGC, and any ideas, concepts, or know-how contained herein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or any other person or entity. You agree that UGC may be copied or exported from the site and published elsewhere on the Internet, including on any other social media sites.
All UGC must comply with these terms and are posting guidelines that may change from time to time period in addition, you understand that any UGC may be removed from the site at any time for any reason.
When you submit UGC, you represent and warrant that you own or otherwise control the rights to your UGC and that the UGC is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in the hole or any part from any other work and the UGC does not infringe the intellectual property, privacy or publicity right or any other legal or moral rights of any 3rd party, or violate applicable laws or regulations. You also warrant and represent that each person in the UGC has given their written permission and consent to be included and displayed publicly on the site and other social media sites and marketing materials and advertising, which you agree to provide to us upon request. You also represent and warrant that:
A. You are at the least the age of legal majority in the state in which you reside:
B. That UGC is not obscene, indecent, does not defame, disparage, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity.
C. The UGC does not violate any law, rule, or regulation of any governmental entity.
D. The UGC is not subject to any obligation of confidentiality.
E. The UGC does not contain any fraudulent statements or misrepresentations that could damage versatile design studio or any 3rd party.
F. You have not received any compensation of any kind for any UGC unless properly disclosed pursuit to FTC guidelines.
You agree to indemnify and hold VersaTile Design Studio harmless from all claims, demands, and damages ( actual and consequential ) of every kind and nature. Known, and unknown including reasonable attorney's
fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. Upon submission of UGC you hereby release VersaTile Design Studio and releases from, and irrevocably wave, any and all claims that use of your UGC without your name and fringes or violates your rights in the UGC or any work or materials contained in your UGC.
You further agree not to post any content or mechanism that attempts to gain access to restricted areas of the site, or collect or solicit passwords or personal information from other users or otherwise engage in any commercial activities via the site. In addition, you agree not to transmit, upload, post, email, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitations or promotional materials, including chain letters, mass mailings, or any other form of Spam.
You understand that under no circumstances will VersaTile Design Studio be liable in any way for any UGC, including, without limitations, for any errors or omissions in any UGC, or for any loss or damage of any kind incurred by you as a result of the use of any UGC transmitted, Uploaded, posted, emailed or otherwise made available via the site.
You also agree that we are under no obligation to use any UGC. You acknowledge that we reserve the right to change, condensed, edit, modify, transmit, display, or delete any UGC, and you waive any right you have in having the material altered or changed posting, emailing, or otherwise making available on the site or the other social media sites.
Content included on or compromising the VersaTile Design Studio website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds another material (collectively, "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All content is copyrighted as a collective work under the U. S. And International copyright laws, and VersaTile Design Studio, to the fullest extent allowed by such laws, the copyright in the section, coordination, arrangement, and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental Of, create derivative works from or in any way exploit any of the content, in whole or in part.
Customer agrees to indemnify, defend and hold harmless VERSATILE DESIGN STUDIO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale or the documents they incorporate by reference or Customer’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions of Sale is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
VERSATILE DESIGN STUDIO DOES NOT WARRANTY ANY PRODUCT FOR ANY SPECIFIC USE OR INSTALLATION PROCEDURE OR MAINTENANCE PRACTICE. UPON PURCHASING OR INSTALLING OR USING ANY PRODUCT, THE BUYER WAIVES ALL CLAIMS RELATING TO THE PRODUCT, INCLUDING (BUT NOT LIMITED TO) ALL CLAIMS RELATING TO EXPRESS WARRANTIES AND/OR STATUTORY OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. VERSATILE DESIGN STUDIO DISCLAIMS ALL SUCH WARRANTIES. ALL PURCHASES ARE “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS”. VERSATILE DESIGN STUDIO SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE OWNERSHIP, USE, POSSESSION, OR MAINTENANCE OF ANY PRODUCT BY ANY PERSON OR OTHERWISE.
VERSATILE DESIGN STUDIO MAXIMUM LIABILITY PURSUANT TO THESE TERMS AND CONDITIONS OF SALE SHALL BE LIMITED TO AND SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS AND MATERIALS PAID FOR AND RECEIVED BY THE CUSTOMER. TERMS AND CONDITIONS OF SALE INCLUDED HEREIN SHALL SUPERSEDE ANY TERMS PROVIDED BY THE CUSTOMER VIA PURCHASE ORDER OR OTHER TYPE OF AGREEMENT.