America's Floor Source General Terms and Conditions of Sale
Effective: January 1, 2020
1. Users/COPPA (Children Online Privacy Protection Act).
Individuals under the age of 18 are not eligible to use our Websites. Any user using, visiting, browsing, or making a purchase on a Website is certifying that he/she is over the age of 18.
By using, visiting, browsing, or making a purchase on a Website or providing information on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these General Terms & Conditions of Sale. In that situation, “you” and “your” will refer to both you and that entity.
We are committed to protecting the privacy of children. The Website is not designed or intended to attract individuals under the age of 18, and we do not knowingly collect personal information online from visitors under the age of 18. If you are a parent or guardian and you are aware that your child has violated these General Terms & Conditions of Sale and provided us with personal information, please contact us so that we may take steps to remove that information from our servers. If we become aware that we have collected information from children without verification of parental consent, we will take steps to remove that information from our servers.
a. “AFS” means, collectively, America’s Floor Source, LLC and each of its owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy.
b. “Floor Coverings” means products sold by AFS on a Website to you.
c. “Sales Order” means the receipt for your purchase of Floor Coverings from AFS that is emailed to you and describes, among other things, the price and type of Floor Coverings purchased.
d. “You” or “your” means the individual who initiates, facilitates, or completes the transaction for the purchase of Floor Coverings from a Website, and anyone acting on her/his behalf.
3. Order Measurements.
You are solely responsible for determining the amount of Floor Coverings needed for your installation accounting for, among other things, waste and trimmings necessitated by dimensions of any room(s) and/or pattern repeats (the “Order Measurements”).
4. In-store Pickup.
You may order Floor Coverings from AFS using a Website and pick up the Floor Coverings from any AFS Store Location. When you pick up your order, you must have with you:
a. A copy of the Sales Order;
b. The card(s) used to pay for the order; and
c. A valid photo ID, such as your driver’s license.
In the event that the cardholder will be unable to personally pick up the order, please designate the person who will pick up the Floor Coverings when placing your order.
AFS reserves the right to refuse to permit an individual who is not the individual identified on the card used to pay for the order to pick up the Floor Coverings if it believes, in its sole discretion, that this person may not be authorized to do so by the individual named on the card. In such a case, AFS will endeavor to contact the cardholder to obtain the requisite consent, using the information provided as part of the purchase transaction.
Any damaged or missing items must be reported to AFS within 10 days of pickup.
5. Delivery Restrictions.
AFS TYPICALLY DOES NOT DO BUSINESS OUTSIDE OF THE STATES IN WHICH IT HAS AN AFS STORE LOCATION OR DELIVER FLOOR COVERINGS TO A LOCATION THAT IS BEYOND 60 MILES OF AN AFS STORE LOCATION (THE “DELIVERY AREA”). EVEN THOUGH AFS DOES NOT ENGAGE IN ADVERTISING TARGETED BEYOND THE DELIVERY AREA, OCCASIONALLY, AFS WILL MAKE AN EXCEPTION AND DELIVER GOODS BEYOND THE DELIVERY AREA. INDIVIDUALS WHO RESIDE OUTSIDE OF THE DELIVERY AREA MUST CONTACT AFS BEFORE PLACING AN ORDER USING A WEBSITE TO CONFIRM THAT AFS WILL MAKE AN EXCEPTION AND DELIVER THE GOODS TO A LOCATION BEYOND THE DELIVERY AREA. Please contact AFS before you place an order for Floor Coverings if you have any questions regarding whether your delivery address is within 60 miles of an AFS Store Location. To see a list of AFS locations please visit www.AmericasFloorSource.com/locations.
6. Shipped Orders.
AFS or one of its fulfillment and carrier partners will deliver the Floor Coverings to the address you provide during your purchase transaction, and you are responsible for making certain that the delivery information is correct and within 60 miles of an AFS Store Location.
If your order arrives with damage, please contact AFS so we may assist you with a replacement order or refund. If you discover at the time of delivery broken or damaged items, refuse to accept the broken or damaged items with the carrier and, when applicable, note the damage on the delivery receipt. Any damaged or missing items must be reported to AFS within 10 days of delivery.
7. Order Cancellation.
If for some reason you need to cancel an order made using a Website, please contact AFS. An order cannot be canceled after the order is boxed for delivery and your order may not be eligible for return or exchange or may be subject to a restocking fee.
AFS also reserves the right to cancel an order if it, in its sole discretion, suspects that there has been any misconduct, including, but not limited to, fraud.
8. Missing Orders.
Missing orders must be reported to AFS within 48 hours of the carrier’s confirmation that the order was delivered. If you believe that your order is missing, first, check the tracking number included on your Sales Order. Once you have confirmed the delivery was completed, check with everyone in your household to make certain someone else did not receive the package. Look behind any bushes or furniture near the delivery location, and if necessary, check with your neighbors. If you still haven’t located the package, filing a stolen property report with your local police is a good idea. You may want to check with your insurance company about renters’ or home owners’ coverage.
Next, contact AFS. We will note in our records that the delivered package is missing or possibly stolen from the location and file a Missing Package Report on your behalf with the shipping carrier. This does not guarantee your order will be replaced or refunded. AFS is not responsible to replace or refund any order that the carrier confirms has been delivered. The security of deliveries becomes the responsibility of the customer once the order reaches the addressed location. The carrier is not responsible for replacing packages that are missing or stolen from a delivery location. Only after the carrier investigates and accepts the claim as mis-delivered can a refund be considered. If the carrier validates that the delivery was completed to the correct address, no reimbursement or replacement will be issued.
Any missing items must be reported to AFS within 10 days of delivery.
Before attempting to return Floor Coverings, you must first contact AFS to confirm that the Floor Coverings are eligible for return and to learn AFS’s procedure for returning Floor Coverings. If Floor Coverings purchased by you are eligible for return, you may return them to an AFS Store Location or ship them back to AFS. If you ship Floor Coverings back to AFS for a refund or exchange, you are responsible for all shipping costs, and returns sent by you to AFS Cash-on-Delivery (COD) will not be accepted by AFS.
Special orders are not eligible for return, and some returns will be subject to a restocking fee. Please contact AFS for more information.
If you return Floor Coverings that you did not buy from AFS, you will have to pay shipping to have AFS send them back to you.
All returns permitted under these General Terms and Conditions of Sale must include:
a. the Sales Order;
b. the Floor Coverings in their original packaging
c. all original materials supplied with the Floor Coverings; and
d. the Floor Coverings must be uninstalled and in new and unused condition.
All returns must be completed within 30 days of your receipt of the Floor Coverings.
Before attempting to exchange Floor Coverings, you must first contact AFS to confirm that the Floor Coverings are eligible for exchange and to learn AFS’s procedure for exchanging Floor Coverings. If Floor Coverings purchased by you are eligible for exchange, you may return them to an AFS Store Location or ship them back to AFS. You are responsible for all shipping costs, and Floor Coverings sent by you to AFS Cash-on-Delivery (COD) will not be accepted by AFS.
Special orders are not eligible for exchange, and some exchanges will be subject to a restocking fee. Please contact AFS for more information.
If you attempt to exchange Floor Coverings that you did not buy from AFS, you will have to pay shipping to have AFS send them back to you.
All exchanges permitted under these General Terms and Conditions of Sale must include:
a. the Sales Order;
b. the Floor Coverings in their original packaging
c. all original materials supplied with the Floor Coverings; and
d. the Floor Coverings must be uninstalled and in new and unused condition.
All exchanges must be completed within 30 days of your receipt of the Floor Coverings
If a return or exchange is accepted by AFS, any refund due will be issued via the payment method used for the purchase within 14 days after AFS’s receipt of the returned Floor Coverings and determination that the Floor Coverings are eligible for return or exchange.
12. Re-stocking Fees.
Where applicable a fixed fee or percentage of the total price of the Floor Coverings, excluding any shipping costs and sales tax, will be charged by AFS as a re-stocking fee. For more information, contact AFS before you complete your purchase.
13. Claims & Inspection.
You are solely responsible for inspecting the Floor Coverings for any visible damage or defects prior to installation. You must notify AFS of all claimed damage or defects within 10 days of your receipt of the Floor Coverings.
If you fail to inspect or notify AFS, you will be deemed to have accepted the Floor Coverings and to have waived any claim for defect(s). In the event you or your contractor installs the Floor Coverings with a visible defect, AFS will not consider any claims related to the Floor Coverings.
14. Warranty & Exclusion of Warranties.
Although its goal is to have a 100% error-free Website, to the full extent permissible by applicable law, AFS do not guarantee that content on a Website is accurate or complete, including price information and product specifications. If AFS discovers price errors or product information errors, AFS will correct it on its Website and in its systems. To the full extent permissible by applicable law, AFS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
To the full extent permissible by applicable law, AFS otherwise does not make any warranties to you regarding the Floor Coverings. However, warranties offered by the manufacturer of your Floor Coverings to its end users, if any, shall be passed through to you, and you must contact such manufacturer(s) directly if a warranty claim related to your Floor Coverings arises. EXCEPT AS SET FORTH ABOVE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AFS SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUITABILITY FOR ANY PURPOSE. ALL SUCH PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED BY AFS.
15. AFS’s Rights.
16. Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN THESE GENERAL TERMS & CONDITIONS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST AFS FOR ANY LIABILITY WITH RESPECT TO THE FLOOR COVERINGS, WHETHER ANY CLAIM FOR RECOVERY IS BASED UPON OR ARISES OUT OF THEORIES OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, WILL BE AFS’S REPLACEMENT OF THE FLOOR COVERINGS ON THE SALES ORDER WITH THE SAME OR EQUIVALENT FLOOR COVERINGS, AT AFS’S OPTION, AS LONG AS YOU HAVE COMPLIED WITH THE MANUFACTURER’S CARE INSTRUCTIONS, AND GRANT AFS A REASONABLE OPPORTUNITY TO INSPECT, REMOVE FOR TESTING AND/OR EXAMINE THE FLOOR COVERINGS IN QUESTION. IN NO EVENT WILL AFS BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE FLOOR COVERINGS ON THE SALES ORDER OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSSES ARISING FROM THIS SALE OF FLOOR COVERINGS, EVEN IF AFS HAS BEEN ADVISED, OR IS OTHERWISE AWARE, OF THE POSSIBILITY OF SUCH DAMAGES. YOU MIGHT HAVE ADDITIONAL RIGHTS AND WE WILL HONOR THOSE RIGHTS ACCORDING TO APPLICABLE LAW.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AFS SHALL NOT EXCEED THE PRICE PAID FOR THE FLOOR COVERINGS ON THE SALES ORDER PLUS ONE HUNDRED DOLLARS ($100).
To the full extent permissible by applicable law, you agree to indemnify and hold harmless AFS and its owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy from any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees and costs) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of these General Terms & Conditions of Sale; (b) your activities in connection with AFS or a Website; or (c) unsolicited information you provide to AFS.
18. Local Fire Authority Approval.
Any local fire authority approval required for installation of the Floor Coverings purchased by you on www.AmericasFloorSource.com must be obtained by you.
19. Product Recalls.
The Consumer Product Safety Commission (CPSC) periodically announces a recall on products (“Recall Announcement”). If we learn that a Floor Covering that you have purchased is the subject of such a Recall Announcement, we may send an email to the email address you provided during your purchase with the information on the recalled product and the steps you should take if you own such a product, or we may post this information on a Website. You may also visit the CPSC Website at www.cpsc.gov for additional information or call their 24 hour Toll-Free Consumer Hotline at 1-800-638-2772.
20. Governing Law.
These General Terms & Conditions of Sale and the contractual relationship between AFS and you shall be governed by and construed under the laws of the State of Ohio (without regard to Ohio conflicts of law principles).
21. Dispute Resolution – Mandatory Arbitration and Class Action Waiver.
THIS SECTION REQUIRES YOU TO ARBITRATE DISPUTES BETWEEN YOU AND AFS AND ANYONE ACTING ON AFS’S BEHALF, AND LIMITS THE MANNER IN WHICH RELIEF CAN BE SOUGHT BY EITHER PARTY.
a. Informal Efforts to Resolve Dispute. For any dispute with AFS or anyone acting on AFS’s behalf, you agree to first contact AFS and attempt to resolve the dispute with AFS informally, which could include agreeing to participate in mediation.
b. Arbitration Notice. THESE GENERAL TERMS & CONDITIONS OF SALE CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR PURCHASE OF FLOOR COVERINGS FROM AFS MAY BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN A COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW.
CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU EXPRESSLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO ARBITRATE CLAIMS ON BEHALF OF ANYONE ELSE, I.E., A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM.
c. Acknowledgment of Binding Arbitration Clause. Your purchase of Floor Coverings from AFS is expressly conditioned upon your acceptance of the following binding Arbitration clause. By completing your purchase of Floor Coverings from AFS, you acknowledge that you are giving up the right to litigate “Claims,” defined below, if either party elects Arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this binding Arbitration clause. You further acknowledge that you have read this Arbitration provision carefully, agree to its terms, and are completing your purchase of Floor Coverings from AFS voluntarily and not in reliance on any promises or representations whatsoever except those contained in these General Terms & Conditions of Sale and this binding Arbitration clause.
d. Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) a Website; (ii) Floor Coverings purchased from AFS; (iii) any marketing of any Floor Coverings by AFS; (iv) these General Terms & Conditions of Sale, including the validity, enforceability, interpretation, scope, or application of these General Terms & Conditions of Sale and this binding Arbitration provision; (v) delivery of any Floor Coverings, and (vi) any other agreement or instrument relating to the Floor Coverings, AFS, or a Website (collectively, a “Claim”) shall be decided, upon the election of you or AFS (or AFS’s owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy) by binding Arbitration pursuant to this Arbitration clause and the applicable rules and procedures of the Arbitration administrator in effect at the time the Claim is filed.
The American Arbitration Association (“AAA”) shall serve as the Arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an Arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to AAA at 1633 Broadway, 10th Floor, New York, NY 10019.
e. Other Claims Subject to Arbitration. In addition to Claims brought by either you or AFS, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims made by or against anyone acting on AFS’s behalf, including, but not limited to, AFS’s owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy, shall be subject to Arbitration as described herein.
f. Exceptions. Claims that are excluded from this Arbitration provision are actions seeking injunctive relief and disputes related to AFS’s intellectual property. You and AFS further agree not to invoke the right to arbitrate any individual Claim that you bring in small claims court or an equivalent court so long as the Claim is pending only in that court and remains pending only in that court (the “Small Claims Court Exception”).
g. Individual Claims Only. It is the intent of the parties to require all Claims to be submitted to Arbitration on an individual basis only. Claims subject to this Arbitration provision may not be joined or consolidated in Arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by you and AFS in writing. AFS and its owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy are considered as “one person.”
h. Arbitration Fees/Deposits. All Arbitration fees and deposits will be governed by AAA’s then applicable rules, including, but not limited to, who is responsible for payment of any fees and deposits.
i. Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years experience or who is a former or retired judge. The Arbitration shall follow the rules and procedures of the Arbitration administrator in effect on the date the Arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the Arbitration administrator and this Arbitration provision, in which case this Arbitration provision shall govern.
Any in-person Arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any Arbitration proceeding. The arbitrator shall only be empowered to grant relief that would be available in court under law or in equity. The arbitrator shall not be empowered to disregard the law to do equity.
At the request of any party, the arbitrator will provide a written explanation of the basis for the disposition of each claim, including written findings of fact and conclusions of law. This Arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA.
You may not assign these General Terms & Conditions of Sale, by operation of law or otherwise, without AFS’s prior express written consent. AFS reserves the right to freely assign these General Terms & Conditions of Sale, and the rights and obligations hereunder, to any third party, including, but not limited to, a successor, without notice or consent. Subject to the foregoing, these General Terms & Conditions of Sale will be binding on, inure to the benefit of, and be enforceable against you and your respective heir(s) or successor(s).
23. Limitation of Time to File Claims.
ANY CLAIM YOU MAY HAVE AGAINST AFS OR ITS OWNERS, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS, VENDORS, FULFILLMENT AND CARRIER PARTNERS, INSURERS, SUCCESSORS, AGENTS, ASSIGNEES, OR TRUSTEE IN BANKRUPTCY THAT IS NOT COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE LATER OF (I) THE ACCRUAL OF; OR (II) AFS’S OR YOUR KNOWLEDGE OF (OR WHEN SUCH PARTY SHOULD HAVE REASONABLY BECOME AWARE OF) THE CLAIM, SHALL BE DEEMED BARRED.
24. Entire Agreement; Terms are Exclusive.
If any of the provisions of these General Terms & Conditions of Sale are deemed invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions will in no way be affected or impaired thereby.
If you have questions about these General Terms & Conditions of Sale or any Floor Coverings, please contact AFS as follows:
America’s Floor Source
3442 Millennium Court
Columbus, Ohio 43219
AFS does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.
27. Difficulty Accessing Our General Terms & Conditions of Sale.
Individuals with disabilities who are unable to usefully access these General Terms & Conditions of Sale on a Website may contact us at the above-listed contact information to inquire how they can obtain a copy of our General Terms & Conditions of Sale in another, more easily readable format.