GMG WOODCRAFTS LLC
TERMS AND CONDITIONS
FOR THE ONLINE SALE OF GOODS AND SERVICES
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH GMG WOODCRAFTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (“GMG WOODCRAFTS”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1. General.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.gmgwoodcrafts.com (the “Site”). These Terms are subject to change by GMG Woodcrafts LLC, a California limited liability company (referred to as “us”, “we”, or “our” as the context may require), without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation.
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 any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between GMG Woodcrafts and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at (415) 497-6883.
3. Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
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 the forms of payment cited on our Site for all purchases. You represent and warrant that (i) the credit card and other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other form of payment for the purchase, (iii) charges incurred by you will be honored by your credit card company or other applicable financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds.
Except for any products designated on the Site as non-returnable, including without limitation any customized or personalized products, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of shipment and provided such products are returned in their original condition. To return products, you must call (415) 497-6883 or email our Returns Department at [email protected] to obtain prior written authorization and instructions before shipping your product. No returns of any type will be accepted without prior written authorization.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a ten percent (10%) restocking fee.
Refunds are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE, INCLUDING WITHOUT LIMITATION ANY CUSTOMIZED OR PERSONALIZED PRODUCTS.
6. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT https://www.gmgwoodcrafts.com/limited-warranty.html AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE DELIVERED WITH GOOD AND VALID TITLE TO THE PRODUCTS AND WILL BE FREE FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP. BUYER ACKNOWLEDGES AND AGREES THAT NATURAL VARIATIONS IN THE WOOD, RESIN, AND OTHER MATERIALS DO NOT CONSTITUTE DEFECTS.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
GMG Woodcrafts shall not be liable for a breach of the warranty set forth in this Section 6 unless: (i) you give written notice of the defect, reasonably described, to GMG Woodcrafts within thirty (30) days of the time when you discover or ought to have discovered the defect, but no later than thirty (30) days after the end of the Warranty Period; (ii) GMG Woodcrafts is given a reasonable opportunity after receiving the notice to examine such product and you (if requested to do so by GMG Woodcrafts) returns such product to GMG Woodcrafts’s place of business at your cost for the examination to take place there; and (iii) GMG Woodcrafts reasonably verifies your claim that the product is defective.
GMG Woodcrafts shall not be liable for a breach of the warranty set forth in this Section 6 if: (i) you make any further use of such product after giving such notice; (ii) the defect arises because you failed to follow GMG Woodcrafts’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product; (iii) you alter or repair such product without the prior written consent of GMG Woodcrafts; (iv) the product has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by GMG Woodcrafts; or (v) the product has been reconstructed, repaired, or altered by you or any third party without GMG Woodcrafts’s prior written consent.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
· transportation;
· storage;
· improper use;
· failure to follow the product instructions or to perform any preventive maintenance;
· modifications;
· combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by GMG Woodcrafts;
· unauthorized repair;
· normal wear and tear; or
· external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one (1) year the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
How Do You Obtain Warranty Service?
To obtain warranty service, you must call (415) 497-6883 or email our Customer Service Department at [email protected] during the Warranty Period to obtain prior written authorization and instructions before shipping your product. No returns of any type will be accepted without prior written authorization.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, GMG WOODCRAFTS AND ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, ADVISORS, AND REPRESENTATIVES (COLLECTIVELY, “SELLER PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, ENHANCED, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER PARTIES’ COLLECTIVE LIABILITY IN CONNECTION WITH OR ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO GMG WOODCRAFTS. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED UNDER THIS PROVISION EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 10 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
8. Force Majeure.
Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any obligations of the Buyer to make payments to Seller), when and to the extent such failure or delay is caused by or results from acts beyond the control of the impacted Party (“Impacted Party”), including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, extreme weather, pandemics, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of the Impacted Party.
The Impacted Party shall give notice to the other Party, within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of six (6) months following written notice given by it under this Section 8, either Party may thereafter terminate or cancel any unfulfilled order under these Terms upon thirty (30) days’ prior written notice.
9. Choice of Law.
These Terms and all related documents and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute, shall be governed by, and construed in accordance with, the Laws of the State of California, United States of America, without giving effect to the conflict of Laws provisions thereof to the extent such principles or rules would require or permit the application of the Laws of any jurisdiction other than those of the State of California. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
10. DISPUTE RESOLUTION AND BINDING ARBITRATION.
YOU AND GMG WOODCRAFTS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. 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.
THIS SECTION 10 REGARDING ARBITRATION OF DISPUTES SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL OR EQUITABLE REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
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 10. (The AAA Rules are available at 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 10.
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.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GMG WOODCRAFTS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
11. Assignment.
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 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. 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 GMG Woodcrafts.
13. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
14. Notices.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day if sent after normal business hours of the recipient; or (d) on the fifth (5th) day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage pre-paid). In addition, we may provide any notice to you under these Terms by posting to our 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. Notices must be sent to the you at the address you provide when ordering products online and to GMG Woodcrafts at the address specified below. Either party may provide alternative addresses for Notice by providing Notice of the change in a Notice given in accordance with this Section 14. Notices shall be sent to the following addresses, which each of the Parties may update from time to time by notifying the other Party.
Notices sent to GMG Woodcrafts, should be sent to:
GMG Woodcrafts LLC
ATTN: Chief Executive Officer
2917 Crocker Court
Aptos, CA 95003
Phone: (415) 497-6883
Email: [email protected]
15. Severability.
If one or more of the provisions of these Terms shall be found, by a court or arbitration forum with proper jurisdiction and authority, to be illegal, invalid or unenforceable, it shall not affect the legality, validity or enforceability of any of the remaining provisions of these Terms.
16. Entire Agreement; Waivers.
These Terms contain the complete and entire agreement between the Parties as to the subject matter hereof and replaces and supersedes any prior or contemporaneous communications, representations or agreements, whether oral or written, with respect to the subject matter of these Terms. A waiver of any provision of these Terms, or a delay by either Party in the enforcement of any right hereunder, will neither be construed as a continuing waiver, nor create an expectation of non‑enforcement, of that or any other provision or right.
17. Additional Warranties.
You represent and warrant to GMG Woodcrafts that (i) the execution, delivery and performance of these Terms, (ii) you have duly authorized the consummation of the transactions contemplated by these Terms, (iii) you have duly executed and delivered these Terms, (iv) these Terms constitutes, as of the Effective Date, your legal, valid and binding obligations, enforceable against you in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency or similar Laws affecting creditors’ rights generally or the availability of equitable remedies.
18. Headings are for Convenience.
The descriptive headings and captions identifying the various sections and subsections of these Terms are for reference and convenience only and are not intended to be part of, or to affect the interpretation of, these Terms, and do not define, modify, expand, or limit any of the terms or provisions in these Terms.
TERMS AND CONDITIONS
FOR THE ONLINE SALE OF GOODS AND SERVICES
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH GMG WOODCRAFTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (“GMG WOODCRAFTS”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1. General.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.gmgwoodcrafts.com (the “Site”). These Terms are subject to change by GMG Woodcrafts LLC, a California limited liability company (referred to as “us”, “we”, or “our” as the context may require), without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation.
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 any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between GMG Woodcrafts and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling our Customer Service Department at (415) 497-6883.
3. Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
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 the forms of payment cited on our Site for all purchases. You represent and warrant that (i) the credit card and other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or other form of payment for the purchase, (iii) charges incurred by you will be honored by your credit card company or other applicable financial institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds.
Except for any products designated on the Site as non-returnable, including without limitation any customized or personalized products, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 14 days of shipment and provided such products are returned in their original condition. To return products, you must call (415) 497-6883 or email our Returns Department at [email protected] to obtain prior written authorization and instructions before shipping your product. No returns of any type will be accepted without prior written authorization.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a ten percent (10%) restocking fee.
Refunds are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE, INCLUDING WITHOUT LIMITATION ANY CUSTOMIZED OR PERSONALIZED PRODUCTS.
6. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT https://www.gmgwoodcrafts.com/limited-warranty.html AND IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE DELIVERED WITH GOOD AND VALID TITLE TO THE PRODUCTS AND WILL BE FREE FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP. BUYER ACKNOWLEDGES AND AGREES THAT NATURAL VARIATIONS IN THE WOOD, RESIN, AND OTHER MATERIALS DO NOT CONSTITUTE DEFECTS.
WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
GMG Woodcrafts shall not be liable for a breach of the warranty set forth in this Section 6 unless: (i) you give written notice of the defect, reasonably described, to GMG Woodcrafts within thirty (30) days of the time when you discover or ought to have discovered the defect, but no later than thirty (30) days after the end of the Warranty Period; (ii) GMG Woodcrafts is given a reasonable opportunity after receiving the notice to examine such product and you (if requested to do so by GMG Woodcrafts) returns such product to GMG Woodcrafts’s place of business at your cost for the examination to take place there; and (iii) GMG Woodcrafts reasonably verifies your claim that the product is defective.
GMG Woodcrafts shall not be liable for a breach of the warranty set forth in this Section 6 if: (i) you make any further use of such product after giving such notice; (ii) the defect arises because you failed to follow GMG Woodcrafts’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product; (iii) you alter or repair such product without the prior written consent of GMG Woodcrafts; (iv) the product has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by GMG Woodcrafts; or (v) the product has been reconstructed, repaired, or altered by you or any third party without GMG Woodcrafts’s prior written consent.
Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
· transportation;
· storage;
· improper use;
· failure to follow the product instructions or to perform any preventive maintenance;
· modifications;
· combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by GMG Woodcrafts;
· unauthorized repair;
· normal wear and tear; or
· external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one (1) year the “Warranty Period”. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.
How Do You Obtain Warranty Service?
To obtain warranty service, you must call (415) 497-6883 or email our Customer Service Department at [email protected] during the Warranty Period to obtain prior written authorization and instructions before shipping your product. No returns of any type will be accepted without prior written authorization.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, GMG WOODCRAFTS AND ITS AFFILIATES AND THEIR RESPECTIVE OWNERS, PARTNERS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, ADVISORS, AND REPRESENTATIVES (COLLECTIVELY, “SELLER PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, ENHANCED, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER PARTIES’ COLLECTIVE LIABILITY IN CONNECTION WITH OR ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO GMG WOODCRAFTS. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED UNDER THIS PROVISION EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 10 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
7. Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
8. Force Majeure.
Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any obligations of the Buyer to make payments to Seller), when and to the extent such failure or delay is caused by or results from acts beyond the control of the impacted Party (“Impacted Party”), including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, extreme weather, pandemics, epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of the Impacted Party.
The Impacted Party shall give notice to the other Party, within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of six (6) months following written notice given by it under this Section 8, either Party may thereafter terminate or cancel any unfulfilled order under these Terms upon thirty (30) days’ prior written notice.
9. Choice of Law.
These Terms and all related documents and all matters arising out of or relating to these Terms, whether sounding in contract, tort, or statute, shall be governed by, and construed in accordance with, the Laws of the State of California, United States of America, without giving effect to the conflict of Laws provisions thereof to the extent such principles or rules would require or permit the application of the Laws of any jurisdiction other than those of the State of California. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
10. DISPUTE RESOLUTION AND BINDING ARBITRATION.
YOU AND GMG WOODCRAFTS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. 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.
THIS SECTION 10 REGARDING ARBITRATION OF DISPUTES SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL OR EQUITABLE REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.
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 10. (The AAA Rules are available at 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 10.
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.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GMG WOODCRAFTS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
11. Assignment.
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 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
12. 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 GMG Woodcrafts.
13. No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
14. Notices.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day if sent after normal business hours of the recipient; or (d) on the fifth (5th) day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage pre-paid). In addition, we may provide any notice to you under these Terms by posting to our 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. Notices must be sent to the you at the address you provide when ordering products online and to GMG Woodcrafts at the address specified below. Either party may provide alternative addresses for Notice by providing Notice of the change in a Notice given in accordance with this Section 14. Notices shall be sent to the following addresses, which each of the Parties may update from time to time by notifying the other Party.
Notices sent to GMG Woodcrafts, should be sent to:
GMG Woodcrafts LLC
ATTN: Chief Executive Officer
2917 Crocker Court
Aptos, CA 95003
Phone: (415) 497-6883
Email: [email protected]
15. Severability.
If one or more of the provisions of these Terms shall be found, by a court or arbitration forum with proper jurisdiction and authority, to be illegal, invalid or unenforceable, it shall not affect the legality, validity or enforceability of any of the remaining provisions of these Terms.
16. Entire Agreement; Waivers.
These Terms contain the complete and entire agreement between the Parties as to the subject matter hereof and replaces and supersedes any prior or contemporaneous communications, representations or agreements, whether oral or written, with respect to the subject matter of these Terms. A waiver of any provision of these Terms, or a delay by either Party in the enforcement of any right hereunder, will neither be construed as a continuing waiver, nor create an expectation of non‑enforcement, of that or any other provision or right.
17. Additional Warranties.
You represent and warrant to GMG Woodcrafts that (i) the execution, delivery and performance of these Terms, (ii) you have duly authorized the consummation of the transactions contemplated by these Terms, (iii) you have duly executed and delivered these Terms, (iv) these Terms constitutes, as of the Effective Date, your legal, valid and binding obligations, enforceable against you in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency or similar Laws affecting creditors’ rights generally or the availability of equitable remedies.
18. Headings are for Convenience.
The descriptive headings and captions identifying the various sections and subsections of these Terms are for reference and convenience only and are not intended to be part of, or to affect the interpretation of, these Terms, and do not define, modify, expand, or limit any of the terms or provisions in these Terms.