PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS THEN YOU ARE NOT ABLE TO HOLD CJS HOME DECOR AND FIREPLACES, LLC LIABLE FOR SITUATIONS DEFINED HEREINAFTER.
CONTENTS OF DOCUMENT:
This document was last updated on September 12, 2016.
(Known as "TERMS" hereinafter):
January 1st 2013 - to Present Date (Known as "Effective" hereinafter)
cjshearthandhome.com, fastreplacementglass.com, fireplacedoorsonline.com, firesidexpressions.com, shop.cjshomedecor.com, and any associated web-based and mobile applications (Each known as a "Site" or "Website" hereinafter)
CJ's Home Decor & Fireplaces LLC - www.cjshearthandhome.com (Known as "Company" hereinafter)
The terms "us" or "we" or "our" refers to CJs Home Decor & Fireplaces LLC, the Company owner of the Websites.
21701 Route 6, Warren, PA 16365, (Known as "Showroom" hereinafter)
Digital and physical retailer of home improvement products, custom made mechanical/HVAC amenities, and provider of industry specific information, support, and advice, as well as any logistics involved in providing purchased goods to a consumer, (Known as "Service" hereinafter)
By using our Company, Website, and any Services, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access or use our Company, Website, and Services. If you have already accessed our Company, Website, or used Services, and do not accept our Legal Terms, you should immediately leave and/or discontinue use of our Company, Website, and Services.
Company Terms and Conditions ("Agreement", "Terms and Conditions").
Please read these Terms and Conditions carefully before using a Website operated by the Company. This Agreement sets forth the legally binding terms and conditions for your use of the Company, Website, and Services.
By accessing or using the Company, Website, and Services in any manner, including, but not limited to, visiting or browsing the Website or contributing content or other materials to the Website, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Intellectual Property: The Site and its original content, features and functionality are owned by CJs Home Decor & Fireplaces LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Termination: We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Limitation Of Liability: Fireplace Doors Online (FDO) does not and shall not assume any liability whatsoever for use of, or defects which may be claimed in, any products ("the Products") sold or distributed by FDO on fireplacedoorsonline.com ("the Site"). With regard to communication with FDO's technical sales staff, it is agreed and acknowledged that FDO's technical sales staff is only provided to assist in the identification of the Products. FDO's technical sales staff does not and shall not assume any responsibility or liability whatsoever relating to the installation or use of any Products. The customer is advised to seek the assistance of a qualified licensed installer to ensure the proper selection and installation of any of the Products and compliance with local codes and ordinances. FDO expressly disclaims and shall not be liable for any claims for damage, injury, cost, or expense suffered or incurred as a result of or otherwise caused by the installation or use of any of the Products. The customer shall indemnify, defend, and hold harmless FDO and its employees, officers, directors, owners, and agents from and against any such claims for damage, injury, cost, or expense suffered or incurred as a result of, caused by or otherwise related to the installation or use of any of the Products purchased by the customer.
Governing Law: This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Pennsylvania, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement:
We reserve the right, at our sole discretion, to modify or replace the Agreement by posting the updated Agreement on the Website or any other public facing area within or outside the Company. Your continued use of the Services or Website after any such changes constitutes your acceptance of the new Agreement. In the case of an updated Agreement, all historical copies, cached data, or archived emails containing previous revisions of the Agreement shall be deemed void and the updated Agreement found on the Website shall be referenced instead.
Please review this Agreement periodically for changes. If you do not agree to this Agreement or any changes to this Agreement, do not use or access the Website, and discontinue any use of the Company, Services or Website immediately.
The Company and Website reserve the right to change Content, Product pricing and/or information at any time. As a result, prices on our Website may not be accurate when compared against historical data such as via 3rd parties, cached information, past orders, estimates, quotes, or requests for pricing. If an Product is ordered via a Website before we have updated our prices, the purchaser will be notified and given the option to cancel or pay the difference. If the price of an Product is lowered after a purchase is made, the Company nor its Websites will refund nor credit the difference to the Visitor, Member, or Customer account(s).
The Company makes every effort to ensure that the Products and Content on the Website are accurate, complete, and current. Despite our best efforts, there may be instances when Content or information about a Product contains inaccurate or incomplete data, including data about the Product's price or availability. The Company makes no warranty or guarantee that the information on the Websites is error free, complete or current. The Company reserves the right to correct errors, and/or update the Content and Products on the Websites at any time without notice. The Company also reserves the right to refuse or cancel any order containing any error or inaccuracy, at any time, including after the order has been submitted, whether or not order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type, minus any non refundable charges.
Discounts, Sales, and Coupon Codes:
The Company may occasionally offer coupon codes for its Products and Services. Please note that a coupon code may not work for Content, Products, Services, or other facets such as customer group, category, brand, vendor, or manufacturer. In addition, some Products are already set to the minimum price the manufacturer will allow us to advertise, therefore occasionally a coupon will have no effect on price. The Company reserves the right to limit coupons based on any criteria the Company sees fit. In general, only one (1) discount and/or coupon code can be applied per Customer per order.
Colors and Photo Liability Summary:
There is always a degree of in-accuracy in modern digital photography due to the nature of lighting, monitors, displays, eyesight, devices, bandwidth, software, and hardware. CJ's won't be responsible for any misunderstandings or translations of Content, Products, kits, accessories, parts, colors, finishes, or textures, and you agree that these facets may vary slightly when viewed digitally on the Website.
Example Media Liability Summary:
In some instances, the Company may show a picture that does not exactly match the Content or Product but instead helps to illustrate similarities to what it will look like. Some examples include: fireplaces where we only have a picture of one color but we are offering several colors; gas logs where we show a 24 inch log set but offer other sizes, 3d or digital rendering of Products, etc. In these instances, we will ship you the item you order (even though it may be slightly different than what you see on the Website). Please check the Content or Product information, specs, and sizes before you purchase. When in doubt, contact the Company for more information prior to purchasing the Product or Service.
The Company is required to charge tax on all Products, Services, and Pennsylvania based shipping for Customer addresses in Pennsylvania. The sales tax rate is 6% for Pennsylvania. This amount will be added to your Product, Service, and shipping total and reflected on your credit card charge. Additionally, some vendors require us to charge sales tax when Products are shipped from warehouses outside of Pennsylvania to the same state in which they are doing business. An example of this is a warehouse in California shipping a Product to our Customer who resides in California. The applicable sales tax rate on a state/regional bases will be added to the Product, Service, and/or shipping total in these cases.
This Agreement applies to internet based orders via the Website, phone based orders directly to the company, and any other form of transaction through any approved 3rd party such as shopping partners, which may lead to a sale. Your credit card or other payment method will be charged at time of placing order over the internet, phone, or fax. All transactions are PCI compliant, stay in the USA via SSL secured communication, and are sent directly to the Company through an accredited secure payment processor. This means that your card, identity, or payment goes straight to our systems, and is then passed on via SSL secured handshakes to be processed with your chosen method. During processing, your card number is always hidden from human eyes and is not recorded. To place an order by phone or fax, you may be required to recite the number so that our customer service representatives may enter it into the payment processor. Thereafter you will be asked to confirm via email that your order is correct and that you give the Company permission to process the payment. Immediately after payment processing clears, either via the Website, phone or fax, sensitive payment info such as credit card number, CVV, or other payment information is destroyed. Because of this, and for Customer security, you cannot place future orders without re-entering your payment details and/or repeating the order confirmation.
The Company reserves the right to cancel any order it deems unfit to process, or refuse to offer Service and communication, at any time. Orders that are defined as unfit to process include incomplete orders, canceled orders, erroneous orders, fraudulent orders, automated or spam orders, orders proxies through unapproved dealers, or orders placed through any other channel that the Company does not endorse. In these cases, the Customer acknowledges this Agreement, but understands how the Company reserves the right to void certain protections normally reserved for completed orders and processed payment. In cases such as fraud, the Company reserves the right to share personally identifiable information with local law enforcement and the Federal Bureau of Investigation (FBI).
Below is the shipping and delivery Agreement between the Company and the Customer.
Occasionally the Company may offer promotions for shipping included or reduced rate shipping for certain Products, as indicated by a "free shipping" icon or reduced rate coupon. By using these promotions, Visitors, Members, and Customers agree that although some Products ship for free under these promotions, others will have shipping calculated at checkout according to your ZIP code, the weight, and the dimensions of the Product(s). When shipping is calculated at checkout, state sales taxes may be applied. Whether or not this tax is applied depends on your location and the location of the warehouse shipping your Products. These "free shipping" promotions are only valid when shipped to the contiguous 48 US states. Locations outside of the contiguous 48 states such as Alaska, Hawaii, offshore U.S. territories, and Canada are not eligible for free shipping or reduced rate coupons. The Customer is responsible for all shipping fees, duties, and tariffs when placing an order to these zones. Even if you received FREE or DISCOUNTED shipping, shipping did have some cost, and that cost is non-refundable
For Standard Delivery:
If your shipment arrives damaged through a typical delivery service such as USPS, UPS or FedEx, you have 3 days to call us at 1-888-986-1535 to report the damage.
For Freight Delivery:
If you the Customer authorize the freight company to leave damaged or incomplete freight without a signature, the Company and our Websites cannot be held liable for any damages or missing components. Remember, leaving a note for the delivery driver is the same as signing for your products in good condition. If your order ships via freight, and you are receiving your goods, please follow these steps:
Step 1) Ensure that the pallet/piece count on the delivery receipt matches the number of pallets/pieces you receive. If a pallet(s) or piece(s) is missing:
Step 2) Inspect the packaging for external damage. If you notice exterior damage:
Step 3) Please inspect your merchandise for concealed damage before the driver leaves:
Step 4) IMPORTANT! You have 24 hours to call us at 1-888-986-1535 to report any damage.
Step 5) If you have any questions, please feel free to contact us at 1-888-986-1535.
Merchandise could be damaged during shipment or delivery regardless of packaging, driver experience, or merchandise durability. Intangibles, including lack of shipping company oversight, road conditions, temperature, humidity, moisture, pests, natural disaster, detours, construction, mechanical failure, acts of god, or other 3rd party external forces may affect the process of delivery to your address. We only choose the best shipping and freight companies to work with, but in any case, there is a chance of merchandise damage that we must all be aware of.
By completing this order you agree that:
After your merchandise has safely arrived, you have inspected it thoroughly, and you have signed off with the driver, your item may be installed. Please take time to review our best ways to un-package your product, followed by an overview of our install liability. The Company cannot be held responsible for damages occurred at this time of removing an item from its box, pallet, frame, wrap, strapping, or any other packaging material used for item protecting, supporting, load-bearing or similar function, nor at the time of install due to human, natural, accidental, or otherwise intangible handling errors.
By completing this order you agree that:
A NOTE ON CUSTOM PRODUCTS -- PLEASE READ: Some Products are custom made at the time of order with the specifications that you (the Customer) give us.
In order to keep our lead times short, any changes or cancellations of orders after 24 hours after the order was placed online (Order Date), incur a minimum $200.00 charge for the change or cancellation. The amount will increase based on the amount of work performed or materials used up to that point.
All custom Products or custom order sales are final. You MUST use the forms and follow the guidelines laid out and found on the Company Website.
Returns Guide for Non-Custom Items:
Please note that products/goods may only be returned if they meet the following conditions:
1. The product was shipped in error.
2. The product suffers from a material defect in construction or workmanship.
3. Even if you received SHIPPING INCLUDED,FREE or DISCOUNTED shipping, shipping did have some cost, and that cost is non-refundable
In the event that one of these conditions are met, the Purchaser must notify Fireplace Doors Online within 10 days of the receipt of the goods. The Purchaser must obtain a Return Material Authorization (RMA) number filling out Returns Form. The Purchaser must return the goods in the original packaging or be subject to a repackaging fee. Credit will only be issued after the inspection of the returned goods and it is determined that the conditions for return have been satisfactorily met. Returned goods that do not meet the conditions will be returned to the Purchaser at their expense. Credit will not be issued if the product is not found to meet the conditions in this writing.
Restocking fees range from 15% or up to 50% depending on the item and manufacturers policies and fee structure. Outbound shipping will be deducted before the restocking fee is applied.
If the return request is due to product defect or damage, we will first work to get the Product repaired. If repair is not possible, then the Company will work to get it replaced.
Warranty Guide, Submitting Warranties:
If the Product or Service came with a warranty, we can get that set up for you. By completing the order via the Company Website, you agree to promptly use our quick form to register your warranty. The form can be found here: register a warranty.
Cancellation & Changes Fee:
In order to keep Product lead times short, any changes or cancellations to certain custom made Products one (1) business day after the order was placed or confirmation received, will incur a minimum $200 fee for the change or cancellation. The amount will increase based on the amount of work performed or materials used up to that point. This is done to prevent abuse of our resources and artisan time at the fabrication shops.
No changes or cancellation are accepted on orders once placed by phone, e-mail or internet after 24 hours. Where no dispute was made within 24 hours of an order, acceptance of the Agreement is assumed. If the order is canceled or changed within the first 24 hours a 10% cancellation fee will be applied.
In addition, credit card fees of 4% are nonrefundable. This applies to ANY canceled order through the Company or on our Websites.
All Customer and order transactions take place over a secure connection. Our facilities and servers are SSL protected and PCI compliant. This means that while theoretically someone could be listening to the conversation between your computer and our server, they could not understand it. It is encrypted with the highest standards and latest technologies possible. Also, our Websites are checked daily to verify the security of our connections and your transactions. To learn more about the systems protecting your data visit the following sites:
While using our Website, the Company may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, postal address and phone number ("Personal Information"). This Personal Information is created and maintained by the Company in the normal course of operating websites, order fulfillment, business intelligence, office operations, and server maintenance. In addition, the Company may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of communications before, during, or after an interaction with staff and/or the Websites. The Company will protect the confidentiality of its customers' Personal Information to the fullest extent possible and consistent with the law and the legitimate interests of the Company, its partners, its employees and other customers of Company services. To protect the loss, misuse, and alteration of Personal Information that is collected from Customers, the Company has appropriate physical, electronic, encryption, and managerial procedures in place.
Use of Information:
The Company will not share customer Personal Information with other customers, business partners, or other 3rd parties. The Company may however aggregate and generalize specific Personal Information internally such as IP address in order to mitigate fraud preventions, website performance, and customer experience. The Company may also use customer Personal Information such as email to provide its customers with technical information, zero-day security alerts, automated account/order alerts, or information about new or upgraded services relevant to their past interest(s). Personal Information is strictly guarded and used internally only for customer interactions such as:
Disclosure of Customer Information & Communications:
The Company will not disclose its Customer's Personal Information unless the Company has reason to believe that disclosing such Personal Information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of the Company, the Company customers, or others, or where the Company has a good-faith belief that the law requires such disclosure.
The Company also will not, except for reasons stated below, disclose to third parties any Personal Information, the contents of any electronic mail, or other electronic communications that the Company stores or transmits for its customers. The circumstances under which the Company will disclose such electronic customer communications are when:
Like many Website operators, we collect information that your browser sends whenever you visit our Website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, user agent, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other usage statistics. We collect this data strictly for security reasons and so we can track down fraudulent or malicious usage.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web Website and stored on your computer's hard drive. Like many companies, we use "cookies" to store information related to your session on the Websites. This information is simply to streamline your visit. Examples include, the Products in your shopping cart, Website settings such as "grid or list view", your live chat/support state, your session identifier which keeps you logged in, and an anonymous session identifier which gets sent to a business analytics engine. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use portions of our Websites such as the cart or login features.
Links To Other Sites:
The Company disclaims any intention to: censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. The Company will, however, review, delete or block access to communication that may harm the Company, its customers or third parties based on any available Personal Information that points to such evidence or intent.
The CJ's Home Decor & Fireplaces Team
CJ's Home Decor & Fireplaces LLC (The Company) and its Website(s) RESERVE THE RIGHT TO MAKE CHANGES TO THIS WEBSITE AND TERMS AND CONDITIONS AT ANY TIME
BY COMPLETING YOUR ORDER YOU AGREE TO ALL OF THESE TERMS AND AGREE TO RELEASE THE COMPANY AND THE WEBSITE FROM ANY APPLICABLE LIABILITY